EN-6.3 EN-6.3 Procedures for financial penalties
EN-6.3.1
A written financial penalty notice will be addressed to the Chief Executive Officer or General Manager of the licensee concerned. This written notification will describe the contravention concerned, the Agency's evidence supporting a financial penalty, and the factors justifying the level of penalty proposed. Only an Executive Director or more senior member of the Agency's management may sign the notification.
EN-6.3.2
The licensee has 15 business days from the notification's date of issuance to submit any representations it wishes to make to the Agency, in writing and addressed to the issuer of the original notification. If the licensee decides not to submit representations, it has 30 calendar days from the notification's date of issuance in which to pay the penalty.
EN-6.3.3
Should the licensee make representations challenging the proposed penalty, the Agency has 15 business days from the issuance of those representations in which to re-examine the facts of the case and its conclusions. If the Agency confirms application of a penalty, payment is required within 30 calendar days of a final notice being issued. However, the licensee has the right to lodge a further written appeal within those 30 days, addressed to H.E. the Governor. In such cases, H.E. the Governor makes a final determination within 15 business days of the date of the written appeal. If H.E. the Governor confirms application of a penalty, then payment is required within 30 calendar days of H.E. the Governor's written confirmation.
EN-6.3.4
Failure to pay a penalty within the required deadlines will be considered a breach of the Agency's regulatory requirements, and will also result in other measures being considered, as described elsewhere in this Module.
