Chapter III: Penalty procedure

Unless he resigns, a member of the Regulatory Control Commission may only cease to hold office if the Regulatory Control Commission finds that he is prevented from carrying out his duties in accordance with the conditions laid down in its Rules of Procedure, after the member concerned has been informed and given an opportunity to comment.

No member of the Commission for the Scrutiny of Regulations may take part in the deliberations of a case concerning: 1° A company or corporation controlled, within the meaning ofArticle L. 233-16 of the Commercial Code, by a company in which he holds or has held office during the three years preceding the deliberation, or in which he holds or has held a mandate or interest of any kind during…

The secretariat of the Regulatory Control Commission is provided by staff from the Centre national du cinéma et de l’image animée, appointed by the Chairman of the Centre national du cinéma et de l’image animée with the agreement of the Commission Chairman. These agents are bound by confidentiality with regard to any facts, acts or information of which they may have knowledge as a result of their participation in the…

The terms of remuneration for the chairman and members of the Regulatory Control Committee are set by order of the Minister for Culture.

The Regulatory Control Commission draws up its own rules of procedure, which are published in the Official Journal of the French Republic.

A decision by the Chairman of the Centre national du cinéma et de l’image animée shall make available to the rapporteur, with the latter’s agreement, all the resources necessary for the performance of his/her duties. The Chairman of the Centre national du cinéma et de l’image animée shall designate, with the rapporteur’s agreement, the employees of the institution responsible for assisting him/her with each of his/her assignments. These employees are…

The respondent is notified of the grievances 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 certify the date of receipt and the identity of the addressee, including by electronic means.

The statement of objections shall mention the time limit set out in Article L. 423-8, indicates any penalties that may be incurred and specifies that the defendant may inspect and copy the other documents in the file under the conditions set out in the same article and be assisted or represented by any person of their choice.

The respondent shall submit its written observations on the objections notified to it by any means that enables the date of receipt and the identity of the addressee to be verified, including by electronic means.

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.