If the Executive Officer determines that there is a low potential conflict of interest, verification services may proceed.
If the Executive Officer determines that the verification body and verification team have a medium potential for a conflict of interest, the Executive Officer shall evaluate the conflict of interest mitigation plan submitted pursuant to sections 95133(d), and may request additional information from the applicant to complete the determination. In determining whether verification services may proceed, the Executive Officer may consider factors including, but not limited to, the nature of previous work performed, the current and past relationships between the verification body and its subcontractors with the operator, and the cost of the verification services to be performed. If the Executive Officer determines that these factors when considered in combination demonstrate an acceptable level of potential conflict of interest, then the Executive Officer will authorize the verification body to provide verification services.
Monitoring Conflict of Interest Situations.
After commencement of verification services, the verification body shall monitor and immediately make full disclosure in writing to the Executive Officer regarding any potential for a conflict of interest situation that arises. This disclosure shall include a description of actions that the verification body has taken or proposes to take to avoid, neutralize, or mitigate the potential for a conflict of interest.
The verification body shall monitor arrangements or relationships that may be present for a period of one year after the completion of verification services. During that period, within 30 days of entering into any contract with the operator for which the body has provided verification services, the verifier shall notify the Executive Officer of the contract and the nature of the work to be performed.
The verification body shall report to the Executive Officer any changes in its organizational structure, including mergers, acquisitions, or divestitures, for one year after completion of verification services.
The Executive Officer may invalidate a verification finding if a potential conflict of interest has arisen for any member of the verification team. In such a case, the operator shall be provided 180 days to complete re-verification.
If the verification body or its subcontractor(s) are found to have violated the conflict of interest requirements of this article, the Executive Officer may