Code of Ethics

NATIONAL ENERGY RATERS ASSOCIATION

CODE OF ETHICS

It is the policy of the National Energy Raters Association and its members to make the largest contribution possible to the health, safety, and welfare of the public through provision of building energy ratings in accordance with state and national guidelines. Consistent with fair business practice and service in the public interest, members of the National Energy Raters Association pledge:

I. FUNDAMENTAL CANONS

1. To provide services in a manner compatible in every way with public health and safety, and to comply with all applicable laws, ordinances and regulations.

2. To fully disclose the products or services that the energy rater may provide which are ancillary to the primary service of energy rating.

3. To recommend energy efficiency measures on their merits without reflecting unfairly on the products and services of competitors.

4. To provide with clarity all material facts about products and services that need to be understood by the trusting as well as the analytical.

5. To support all efforts to improve the profession and practice of energy rating of buildings and to encourage research in the development of new tools and methods.

II. RULES OF PRACTICE

1. Hold paramount the safety, health and welfare of the public in the performance of their duties.

2. Members shall act in professional matters for each employer or client as faithful agents or trustees.

    A.      Members shall, to the best of their ability and knowledge, provide services in            compliance with applicable codes and standards.

3. Avoid deceptive acts in the solicitation of energy rating business.

    A. Members shall not falsify or permit misrepresentation of their                                            professional qualifications as an energy rater.

    B. Members shall quote realistic prices and service dates and, absent any unforeseeable factors, shall strive to fulfill these estimates.

4. Members shall perform energy ratings in their area of expertise.

    A. Members shall perform energy ratings only within the class for which they are certified.

III. PROFESSIONAL OBLIGATIONS

1. Members shall be guided in all their professional relations by the highest standard of integrity.

2. Members shall admit and accept their own errors when proven wrong and take appropriate action to correct the error.

3. Members shall observe and foster the highest standard of safety and working conditions for employees.

4. Members shall not attempt to injure, maliciously or falsely, directly or indirectly, the professional reputation and practices of other members, nor untruthfully criticize other members.

 5. Members shall actively participate in the training of skilled tradespeople for the future welfare of the energy rating industry.

6. Members shall not attempt to attract an employee from another firm by false or misleading pretenses.

7. Members shall endeavor to extend public knowledge and appreciation of energy ratings, their significance and effect on the environment and to protect the energy rating profession from misrepresentation and misunderstanding.

8. Members shall avoid all practices which are likely to discredit the profession or deceive the public.

CODE OF ETHICS REVIEW PROCESS

The Board of Directors of the National Energy Raters Association has developed procedures to ensure due process to any member accused of an ethics violation.

Most cases will begin with a letter or a telephone call to the National Energy Raters Association Ethics Committee Chairman indicating that someone believes that a violation of the Code of Ethics has occurred. The first step in the process is asking for detailed information on the alleged violation, specific sections of the Code of Ethics which have been violated, names and addresses of the complaining party and the member of the National Energy Raters Association whose conduct is being questioned, and the signature of the complainant. Unsigned complaint forms will not be processed.

Once a complaint has been received, the President sends a copy of the original complaint to the party who allegedly violated the Code of Ethics. This copy is sent by certified mail, return receipt requested. In the transmittal to the affected party, the President asks for a written response within ten days of receipt of the written complaint. Once the complaint and the response are received, they are forwarded to the Board and at the next meeting of the Board, the complaint is reviewed.

The first activity of the Board is to establish the validity of the complaint and determine whether there has been a breach of the Code of Ethics. If the Board determines that the allegations of the complaint are sufficient to establish a violation of the Code of Ethics, then the Board may order an investigation of the case.

If an investigation is warranted, the Board will appoint an investigative team. The investigation is limited to the allegations of the complaint; however, additional complaints may be filed based on the facts discovered during the investigation.

The Board of Directors will develop an investigative guide for use by the investigative team. The investigation is confidential and the investigator must remain unbiased and impartial. If, at any time, he or she cannot be unbiased or impartial, he or she should ask to be disqualified from the investigation.

Upon completing the investigation and interview of appropriate parties, the investigative team prepares a written report, and together with any material that might make up the investigatory file, delivers the report to the Board of Directors. The investigative report only describes pertinent information obtained through interviews of witnesses, describing any conflicts in the evidence received. The report does not contain any determination or speculation as to whether the evidence indicated a breach of the ethics and makes no recommendations as to the to respondent’s guilt or innocence.

The Board of Directors of the National Energy Raters Association has developed procedures to ensure due process to any member accused of an ethics violation.

Most cases will begin with a letter or a telephone call to the National Energy Raters Association Ethics Committee Chairman indicating that someone believes that a violation of the Code of Ethics has occurred. The first step in the process is asking for detailed information on the alleged violation, specific sections of the Code of Ethics which have been violated, names and addresses of the complaining party and the member of the National Energy Raters Association whose conduct is being questioned, and the signature of the complainant. Unsigned complaint forms will not be processed.

Once a complaint has been received, the President sends a copy of the original complaint to the party who allegedly violated the Code of Ethics. This copy is sent by certified mail, return receipt requested. In the transmittal to the affected party, the President asks for a written response within ten days of receipt of the written complaint. Once the complaint and the response are received, they are forwarded to the Board and at the next meeting of the Board, the complaint is reviewed.

The first activity of the Board is to establish the validity of the complaint and determine whether there has been a breach of the Code of Ethics. If the Board determines that the allegations of the complaint are sufficient to establish a violation of the Code of Ethics, then the Board may order an investigation of the case.

If an investigation is warranted, the Board will appoint an investigative team. The investigation is limited to the allegations of the complaint; however, additional complaints may be filed based on the facts discovered during the investigation.

The Board of Directors will develop an investigative guide for use by the investigative team. The investigation is confidential and the investigator must remain unbiased and impartial. If, at any time, he or she cannot be unbiased or impartial, he or she should ask to be disqualified from the investigation.

Upon completing the investigation and interview of appropriate parties, the investigative team prepares a written report, and together with any material that might make up the investigatory file, delivers the report to the Board of Directors. The investigative report only describes pertinent information obtained through interviews of witnesses, describing any conflicts in the evidence received. The report does not contain any determination or speculation as to whether the evidence indicated a breach of the ethics and makes no recommendations as to the to respondent’s guilt or innocence.

A copy of the investigative report is delivered to both the complainant and the respondent by certified mail and each has the opportunity to file a written response. The President shall include in his letter of transmittal of the investigative report notice that any written response to the investigative report must be received within ten days from the date of receipt of the report.

At the next meeting of the Board, after receipt of the investigative report and the response, if any, from the complainant and the respondent, the Board determines whether a hearing should be held or whether no violation occurred. Should the Board determine that a hearing is appropriate, the respondent is invited to attend and present his position on the matter or accept the ruling of the Board in absentia.

The Board after reviewing the investigative report and hearing the presentation, if any, by the respondent may choose one of six actions.

1. The Board my determine that there exists insufficient evidence to warrant further action and dismiss the case.

2. The Board may issue a letter of “Caution” to anyone who is found to have committed a minor violation which does not warrant a more severe level of action. The letter of “Caution” is intended to be an educational instrument which discusses the violation and proposes a remedy.

3. The Board may issue a letter of “Reprimand” by a letter from the President of the Association , a copy of which shall be placed in the files of the Association.

4. The Board my “Censure” a member for a period of time up to one year. The censured member retain association membership, however may not hold a position on the Board of Directors of the Association for 12 months after the end of the censure period.

5. The Board may decide upon the “Suspension” of the member for a definite period of time, not to exceed three years after which they make application for readmission to membership. Application for readmission to membership must be approved by the Board of Directors.

6. The Board my decide on the “Expulsion” of the member from the Association. The expelled member shall be permanently barred from readmission to membership to the Association.