Foundations of LEED 1_2023 - Page 022

Extracted Content

Substantive appeals must describe, in writing and with specificity, and attaching supporting documentation as appropriate:

• The alleged lack of substantive, technical, factual, or other basis for the substantive element;

• Written objections raised or comments made contemporaneously or reasonably during the development process relating to the subject matter of the appeal;

• The adverse impact on USGBC members or the general public; and

• How the adverse impact is material or substantial.

C. Waiver

The Notice of Appeal must demonstrate that written objections or comments reasonably articulating the procedural or substantive concerns that inform the basis for the appeal were made as soon as reasonably apparent during the development process and prior to balloting, and in the case of procedural concerns, that such objections are made within 10 (ten) calendar days of such action or inaction taking place. Emailed objections or comments to USGBC staff and USGBC meeting minutes are among the forms of written documentation deemed adequate to satisfy this requirement. Objections and comments need not be comprehensive or exhaustive; however, failure to make any objection or comment during the development process and prior to balloting will be deemed a waiver of the right to appeal. Promptly, and no later than 30 calendar days after receipt of the written request for appeal, USGBC shall respond in writing to the appellant, acknowledging the appeal.

D. Interim Dispute Resolution Process

USGBC’s acknowledgement of receipt of appeal begins a 60-day mandatory dispute resolution process. The appellant and USGBC representatives approved by the USGBC President and CEO will, in good faith, meet to discuss the basis for the appeal and options for resolution. If a resolution is agreed upon, the agreement will be memorialized, filing fee returned, and the appeal process concluded. If either party concludes that resolution is not possible, the appeal shall continue after the end of the 60-day dispute resolution period, or such earlier time as the parties may agree.

E. Appeals Panel and Hearing

The parties will have a maximum period of 20 calendar days to agree on a panel of individuals to hear the appeal. It is recommended that each party select a representative and those two representatives agree upon a third, although any approach upon which the parties agree is acceptable. If the parties cannot reach agreement on the composition of the Appeals Panel within 10 calendar days, the USGBC Board of Directors will appoint three individuals with appropriate qualifications related to the appeal and with no vested interest in the outcome of the appeal to the Appeals Panel. Further, no individual may serve on the Appeals Panel who (i) is a current employee or board member of either USGBC or the appellant, or (ii) who participated with respect to the procedural or substantive issue that is the basis for the appeal. At least one individual who is not an employee of a USGBC member or an employee of the appellant will be appointed to the panel. The three parties appointed to hear the appeal shall certify that they have no direct or perceived interest in the outcome of the appeal.

After the Appeals Panel is agreed upon or selected, the parties will have five days to request a hearing or allow the Appeals Panel to proceed without a hearing. The Appeals Panel will issue a hearing management protocol to govern timelines and procedures to hear and conclude the appeal in accordance with generally accepted due procedures. The appellant has the burden of proof.

The Appeals Panel must complete the hearing or review of the appeal on the basis of the written filings, and issue its decision, as soon as practicable, and in no event, in more than 180 days from the selection or appointment of the Appeals Panel unless mutually extended by the parties. The Appeals Panel may be convened in person or by teleconference at the discretion of the Appeals Panel. There is no right to appear before such Panel, though the Panel may allow appearance by the appellant or other persons at the invitation of and in the sole discretion of the Appeals Panel. If the Appeals Panel finds merit in the appeal, it may recommend that all or some portion of the process be repeated, or provide for further procedures to correct the nonconforming procedural action or inaction. The Appeals Panel decision may be appealed to the USGBC Board of Directors, which may consider the appeal in its discretion. If the Board of Directors declines to hear the appeal, the decision of the

Foundations of LEED |

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