Book IV: Inspections and penalties

The Commission may not be seized of facts dating back more than three years if no action has been taken up to that point to investigate, establish or punish them.

The investigation prior to the pronouncement of sanctions is carried out by a rapporteur, appointed by the Vice-President of the Conseil d’Etat from among serving members of the administrative courts, for a term of three years, renewable once. The rapporteur is bound by professional secrecy with regard to any facts, acts or information that may have come to his knowledge by virtue of his office, under the conditions and subject…

The Chairman of the Centre national du cinéma et de l’image animée shall refer to the rapporteur any fact likely to justify the initiation of sanction proceedings.

The investigation is conducted by the rapporteur, who may hold any hearings and consultations he or she deems necessary.

If, in the course of the investigation, he considers that the facts justify the initiation of sanction proceedings, the rapporteur notifies the objections to the accused party, who may consult the file and submit his observations within a period of one month following notification. A copy of the notification is sent to the Chairman of the Centre national du cinéma et de l’image animée. Except in cases where the communication…

At the end of the investigation, the rapporteur draws up his report. In this report, he will state his position on the action he proposes to take on the investigation and, where applicable, on the sanctions provided for in article L. 422-1 that it considers appropriate. It communicates its report, together with the documents on which it is based, to the defendant, the Regulatory Control Commission and the President of…

At a meeting to which the accused party is invited, the rapporteur presents the facts of which he has knowledge to the Regulatory Control Commission. He sets out his opinion on these facts and, where appropriate, on the objections notified and his proposed penalty. During this meeting, the accused person, who may be assisted or represented by any person of his choice, is heard by the Regulatory Control Commission, which…

The rapporteur does not take part in the deliberations.

The decision of the Commission du Contrôle de la Réglementation, signed by its Chairman, is notified to the respondent or, where applicable, to the person assisting or representing the respondent, to the rapporteur, to the Chairman of the Centre National du Cinéma et de l’Image Animée, to the Minister for Culture and to any person or authority affected by the decision.

The procedures for applying this chapter shall be laid down by decree in the Conseil d’Etat.