Enforcement Manual Change Notice - Number 10

 was issued on February 24, 2022.  The primary purpose of this change was to update several sections in Part I of the Manual regarding the dispute resolution process and the civil penalty invoicing process. 
 
Changes made to the following sections of Part I of the Manual include:

• Part I – Section 1.2.12.1.F.12, Enforcement Action (EA) Numbers, was revised to state that an EA# is to be assigned to a Notice of Enforcement Discretion (NOED).  This change corrects a discrepancy between Section 1.2.12.1 and Appendix F, Notices of Nonconformance.
• Part I – Section 2.3.6.D, Licensee Response to a Non-Escalated NOV, was revised to instruct users to see Section 2.8, Disputed Violations, if a licensee disputes a non-escalated enforcement action. 
• Part I – Section 2.3.7, Disputed Violation Resolution Process for Non-Escalated Enforcement Actions, was deleted and relocated, in part, to new Section 2.8, Disputed Violations.
• Part I – Section 2.4.4, Licensee Response to Escalated NOVs, was revised by deleting all guidance associated with responding to a licensee’s denial of an escalated NOV.  This guidance, in part, was relocated to the new Section 2.8, Disputed Violations.
• Part I – Section 2.6.2, NOV/CP Coordination, Review and Issuance, was revised to update the guidance for processing a civil penalty invoice.
• Parts I – Section 2.6.4.F and G, Licensee Response to NOV/CPs, was revised by deleting all guidance associated with a user’s response to a licensee’s denial of a NOV/CP.  This guidance, in part, was relocated to the new Section 2.8, Disputed Violations.   
• Part I – Section 2.8, Disputed Violations, is a new section that contains updated guidance for responding to any disputed violation.  Previously, guidance was located in several different sections of the Manual (i.e., 2.3.6.D, 2.3.7, 2.4.4, and 2.6.4).
• Part I – Section 2.8.3, Backfitting Concerns and Appeals, is a new section that provides staff guidance for handling backfitting concerns that are received as part of the disputed violation process.