Subsection 3: Penalty procedure

As part of the checks carried out pursuant to 2° of Article L. 327-1, the representative of the supervisory board draws up reports stating the nature, date and location of the observations made. They are signed by their author and the person concerned by the investigations or their legal representative. If the latter refuses, this is noted in the minutes. When the person concerned has been heard by a video…

When the supervisory board decides to initiate sanction proceedings, the statement of objections is sent by registered letter with acknowledgement of receipt, delivered by hand against a receipt or by bailiff, to the respondent organisation, together with the investigation report. These documents are also sent to the chairman of the Enforcement Board. The respondent organisation has two months to send the chairman of the Enforcement Board its written observations on…

The accused organisation is summoned to appear before the Enforcement Board, in accordance with the procedures set out in article R. 321-27, at least thirty clear days prior to the meeting. .

The members of the Enforcement Board deliberate on the sanctions in the sole presence of a member of the Control Commission who acts as secretary to the meeting. The secretary draws up minutes of the meeting, which are signed by the chairman of the Enforcement Board and the meeting secretary. The sanction decision mentions the names of the members who ruled and, where applicable, the procedural costs that are to…