Complaint Against CalCERTS, Inc.

Docket # 12-CAI-01

Committee overseeing this proceeding:

Karen Douglas
Commissioner and Presiding Member

Carla Peterman
Commissioner and Associate Member

Kourtney Vaccaro
Hearing Officer

On February 15, 2012, David Haddock filed a Complaint Against and Request for Investigation of CalCERTS, Inc. (Complaint) on behalf of his clients, Erik Hoover and Patrick Davis (Petitioners). The Complaint arises out of the Energy Commissions Home Energy Rating System (HERS) Program, which was adopted in 1999, and establishes criteria for a statewide home energy rating program for residential dwellings. Under the Program, home energy rating system organizations that are approved by the Energy Commission (called Providers) administer a home energy rating system in conformity with the Energy Commissions HERS regulations. Providers are responsible for training, testing, and certifying Raters, who perform the tests necessary to establish a HERS rating for a structure. Petitioners were certified by CalCERTS (a HERS Provider) as HERS raters until January 30, 2012, when CalCERTS informed Petitioners that they were decertified.

Petitioners requested that the Energy Commission take the following action:

  1. Immediately reverse the decision of CalCERTS to decertify Erik Hoover and Patrick Davis.

  2. Investigate the way CalCERTS imposes discipline upon HERS raters who are alleged to have made mistakes.

  3. Require CalCERTS to adopt a written discipline procedure that complies with the HERS regulations, and with the constitutional requirements of due process.

The Complaint is brought pursuant to Sections 1675 and 1231 of the Energy Commissions regulations. Pursuant to the procedures set forth in Section 1231 et seq., the Committee, or if none has been assigned, the Chairman, shall either 1) dismiss the matter upon a determination of insufficiency or lack of merit of the pleadings (specifying whether the dismissal is with or without prejudice), or 2) serve the Complaint upon the respondent, return receipt requested. On March 5, 2012, the Chairman served the Complaint and directed CalCERTS to file an Answer to the Complaint within 21 days of service.

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