Title II: Administrative penalties

The matter is referred to the Committee for the Scrutiny of Regulations by means of a report submitted by the rapporteur. The documents accompanying the report include the minutes provided for in article L. 414-1 and the written observations submitted by the defendant.

The accused person shall be summoned to appear before the Regulatory Control Commission by registered letter with acknowledgement of receipt, by hand delivery against receipt, by bailiff’s deed or by any other means enabling the date of receipt and the identity of the addressee to be certified, including by electronic means, within a time limit which may not be less than thirty days before the meeting.

The meeting of the Regulatory Oversight Committee is open to the public if the defendant so requests. Notwithstanding such a request, the Chairman of the Committee may prohibit the public from entering the room during all or part of the meeting if the protection of public order, business secrecy or any other secret protected by law so requires.

At the end of the meeting, the Chairman of the Regulatory Control Committee invites the defendant and, if applicable, his counsel to speak again before the Committee deliberates on the case.

The meeting secretary draws up minutes of the meeting. These are signed by the Chairman of the Regulatory Control Commission and then sent to the members of the Commission, the rapporteur and the Chairman of the Centre national du cinéma et de l’image animée.

The deliberations of the Regulatory Control Commission shall take place in camera. Only the agents mentioned in article R. 423-3 strictly necessary for the secretariat of the deliberations may attend.

At the end of the deliberations, if the Regulatory Control Committee does not reach a decision, it refers the case to a subsequent meeting. If necessary, it may ask the rapporteur to carry out further investigations and then set a deadline for the submission of the additional report.

The decision taken by the Regulatory Control Commission shall state the legal and factual considerations on which it is based. It shall mention the names of the members who took the decision and indicate the appeal procedures and deadlines. The respondent is notified of the decision by registered letter with acknowledgement of receipt, by hand-delivery against receipt, by bailiff’s deed or by any other means that can be used to…

The Chairman of the Regulatory Control Commission represents the Commission. He shall sign the Committee’s decisions. He/she signs the briefs submitted in the context of legal appeals lodged against the decisions of the committee. The chairman of the Regulatory Control Committee is replaced, in the event of absence or impediment, by the member of the Inspectorate General of Cultural Affairs. The chairman of the Regulatory Control Committee draws up an…