=== dc2024-05-0015-pages-01.ppm === (Kagawaran ng Enerhiya) 6 ots Republic of the Philippines e:"i0 DEPARTMENT OF ENERGY ge BAGONG PILIPINAS DEPARTMENT CIRCULAR NO. Oc @2¢— W- Oke RULES OF PROCEDURE IN ADMINISTRATIVE CASES FOR VIOLATIONS UNDER REPUBLIC ACT NO. 11285 (ENERGY EFFICIENCY AND CONSERVATION ACT) Pursuant to the powers granted to the Department of Energy (DOE) under Republic Act (RA) No. 7638 or the “Department of Energy (DOE) Act of 1992,” and RA 11285 or the “Energy Efficiency and Conservation Act” (EEC Act), the following Rules of Procedure for Administrative Cases are hereby promulgated: PART | - GENERAL PROVISIONS Section 1. Title. This Department Circular (DC) shall be known as the “Rules of Procedure for Administrative Cases under RA 11285 (Energy Efficiency and Conservation Act).” Section 2. Scope and Coverage. These rules shall apply to all pleadings, practices, and procedures before the DOE in all matters concerning the inquiry, investigation, hearing, or any other proceedings for cases involving violations of the EEC Act, the EEC-Implementing Rules and Regulations (IRR), DOE Circulars, and Implementing Guidelines (IG) issued pursuant to the foregoing. Section 3. Construction. These rules shall be liberally construed in order to attain the objectives of the EEC Act, protect and promote the public interest, and assist the parties in obtaining a just, speedy, and inexpensive disposition of administrative cases under the EEC Act, the EEC-IRR, DOE Circulars, |G and any other law, statute, executive order, or decree that is currently, or may hereafter be implemented by the DOE in relation to the EEC Act. In the broader interest of justice and to avoid unnecessary delays, the DOE may resort to Summary proceedings in cases hereinafter provided. Section 4. Applicability of the Revised Rules of Court. In the absence of any applicable provision in, and provided they are not inconsistent with these rules, the pertinent provisions of the Revised Rules of Court of the Philippines, as amended, may, in the interest of expeditious disposition of cases and whenever practicable and convenient, be applied by analogy or ina suppletory manner. Section 5. Service and Filing of Pleadings, Orders and Documents. Service and filing of initiatory pleadings and initial responsive pleadings, such as an Answer, must be made personally or by registered mail and shall not be served or filed electronically, unless expressly allowed by this office. Notwithstanding the foregoing, service of notices, orders and other processes to the respondent may be made, subject to the pertinent provisions of the Electronic Commerce Act,' by sending an electronic mail to the respondent or the counsel of the ' Republic Act No. 8792 Energy Center, Rizal Drive cor. 34th Street, Bonifacio Global City, Taguig City, Philippines 1632 Tel. No. (Trunkline) (632) 8479-2900 ih Website: http /www.doe.gov.ph; Email: infocenter@doe.gov.ph === dc2024-05-0015-pages-02.ppm === DC re: Rules of Procedure in Administrative Cases for Violations under RA 11285 (Energy Efficiency and Conservation Act) Page 2 of 6 respondent's electronic mail address. Respondent or its counsel may also file pleadings electronically when allowed by the DOE, subject to the DOE’s right to request hard copies thereof. When any party is represented by counsel, service shall be made to his/her counsel of record. Section 6. Prohibited Pleadings. Motions for bill of particulars, clarification, dismissal, or quashal are prohibited pleadings, and as such, shall only be noted without action and simply attached to the records. A motion for extension of time to file a Written Explanation, if based on meritorious reasons, may be granted a one-time additional period of no more than fifteen (15) calendar days. PART Il - ADMINISTRATIVE ACTIONS INSTITUTED BY THE DOE Section 7. Institution of Action by the DOE. The DOE may initiate an action or inquiry against any person or entity either motu propio, upon the recommendation of the Energy Utilization Management Bureau (EUMB), following the enforcement, monitoring, and verification procedures outlined in the Implementing Guidelines for the Philippine Energy Labeling Program (PELP) on Registration, Enforcement, Monitoring, Verification and Compliance Mechanism and DOE DC Nos. DC2023-12- 0036, DC2023-12-0037 and DC2023-12-0038, in relation to the Advisory - CY 2023 Obligations of Designated Establishments in the Commercial, Industrial, and Transport Sectors; or upon receipt of a verified complaint from an interested party; or upon referral by another government agency. In the exercise thereof, the DOE shall conduct a clarificatory conference or inquiry, initiating it with an order to show cause that sets forth the grounds for such action. When the basis of the action involves a violation of DOE DCs, rules, or regulations, the order shall allege, with definiteness and clarity, the specific violation, as well as the range or extent of the sanctions that may be imposed, should the violation be substantiated. Section 8. Show Cause Order. A Show Cause Order may be issued by the Director of EUMB, or by the Director of the Legal Services (LS) of the DOE. The Show Cause Order should clearly state the specific provision of law or regulation violated by the respondent and direct the respondent to submit a written explanation/Answer within fifteen (15) calendar days from receipt of the Order. The Show Cause Order may be issued through the following modes: (a) personal service; (b) registered mail; (c) Supreme Court accredited courier; or (d) electronic means authorized by the DOE. The respondent shall maintain a responsible person in the establishment who shall be present therein when the place is open and operating. For this purpose, the establishment's manager, supervisor, team leader, shop keeper or any person acting as such shall be considered as a responsible person to whom the Show Cause Order may be served on behalf of the respondent. === dc2024-05-0015-pages-03.ppm === DC re: Rules of Procedure in Administrative Cases for Violations under RA 11285 (Energy Efficiency and Conservation Act) Page 3 of 6 Section 9. Answer. Within fifteen (15) calendar days from receipt of the Show Cause Order, the respondent shall file an Answer under oath either admitting the offense/s specified in the Show Cause Order or denying the same, citing the reasons why the respondent should not be penalized. Section 10. Hearing. The DOE LS may conduct a hearing pertaining to the violation, if necessary or upon the request of any party involved in an administrative case. Section 11. Conduct of Hearing. The DOE LS may conduct in-person hearings or virtual hearings, at its discretion. Section 12. Final Resolution. The administrative proceeding shail be deemed resolved upon issuance of an Order or Decision by the Director of LS. The Order or Decision should contain a brief statement of the: (a) facts of the case; (b) issue(s) involved; (c) applicable law or rules; (d) conclusion and reasons therefor; and (e) the dispositive portion. Certified true copies thereof shall be served upon the respondent's counsel or in the absence of any counsel of record, on the respondent itself. When warranted, the Order or Decision may include the suspension or cessation of operation of the establishment, or the closure thereof until such time that the mandatory requirements or corrective measures have been met. Section 13. Period to Resolve Cases. The entire administrative proceeding for violations of the EEC Act shall not exceed sixty (60) calendar days which shall be counted from the date the DOE receives the final pleading, without prejudice to instances of force majeure or extraneous circumstances that may arise which would prevent the DOE from resolving the case within the given period. PART Ill - INITIATION OF ACTION VIA COMPLAINT Section 14. Who May File a Complaint. Any person or group of persons, whether natural or juridical, may file a complaint with the DOE for administrative violations under the EEC Act, EEC-IRR, and other related issuances of the DOE. Such person or group shall hereafter be referred to as the complainant. Section 15. Number of Copies. The complaint, along with any documentary evidence and affidavits of witnesses, shall be filed in such number of copies as there are respondents, plus an additional two (2) copies for the DOE's files. Section 16. Where to File. Subject to the rules set forth under Section 6, the complaint may be filed with the DOE Secretary, the Director of the EUMB, or the Director of a DOE Field Office. Section 17. Parties to the Complaint. The parties involved in the pleadings are as follows: a. Complainant is the DOE or any other agency, person or entity who files a complaint against another party for violation or legal redress, or on matters related to the EEC Act. b, Respondent is any person or party to whom an order is issued by the DOE to appear or submit an explanation in writing, or who is otherwise === dc2024-05-0015-pages-04.ppm === DC re: Rules of Procedure in Administrative Cases for Violations under RA 11285 (Energy Efficiency and Conservation Act) Page 4 of 6 summoned to respond to any allegations, imputations, or issues in any case, hearing, or proceeding cognizable by the DOE for violations of the EEC Act. The complainant must include in the complaint its contact information and where the complainant or its duly authorized representative may be served with orders, issuances, or communications, including an electronic mail address when available. The complainant must also specify the identity of the party subject of the complaint, including the respondent's contact information, if available, and specify where the respondent may be served with orders, issuances, or communications from the DOE. Section 18. Form and Contents of the Complaint. The complaint must be in writing, verified under oath, or contained in a sworn affidavit, accompanied by supporting documents or evidence of the alleged violation. A complaint that does not comply with these requirements may be dismissed without prejudice to the re-filing or submission of the lacking requirements. A complaint is sufficient if it contains the name of the complainant or offended party, the name of the respondent, and a reference, whenever practicable, to the provisions of the law, statute, executive order, or decree being implemented by the DOE or the permit or authorization, order, decision, or regulation violated, the act or omissions complained of as constituting the offense, and the date and place of the commission of the offense. Section 19. Investigation. At the discretion of the DOE, the complaint may be investigated by the EEC Monitoring Team to verify the circumstances surrounding the alleged violation and/or gather more information on the complaint. Section 20. Outright Dismissal. The Director of LS may summarily dismiss a complaint on any of the following grounds: a. The complaint is not a violation of EEC-Act, rules, and regulations or under the jurisdiction of the DOE; b. The complaint on its face does not allege any offense against or violation of EEC Act, rules, and regulations; c. The respondent being complained of cannot be identified or traced: or d. The complaint does not conform with the requirements set forth in Part Ill Section 18 hereof. Section 21. Show Cause Order. If, upon evaluation of the complaint, a prima facie case for a violation of the EEC Act, rules, and regulations is found by the Director of LS or EUMB to exist, a Show Cause Order shall be issued and served upon the respondent. The Show Cause Order shall clearly state the specific provision of law or regulation violated by the respondent and direct the respondent to submit a written explanation under oath within fifteen (15) days from receipt why no administrative penalties should be imposed upon them. The Show Cause Order shall include a copy of the compiaint and its supporting evidence. In the event the Show Cause Order is issued by the Director of EUMB, the complaint together with all the records of the case shall be forwarded to the Director of LS for appropriate action. === dc2024-05-0015-pages-05.ppm === DC re: Rules of Procedure in Administrative Cases for Violations under RA 11285 (Energy Efficiency and Conservation Act) Page 5 of 6 Section 22. Failure to Submit Answer. Failure by the respondent to file its Answer to the Show Cause Order within the given time shall be considered a waiver by the respondent of its right to be heard. The case shall then be decided upon the merits by the Director of LS based on the available information and evidence. Section 23. Separate Allegations. Whenever two or more offenses are charged in one (1) complaint, each offense must be separately alleged. Section 24. Final Resolution. Upon evaluation by the Director of LS of the available information and evidence, an Order or Decision shall be issued determining the merits of the case which must comply with Sections 12 and 13 of Part Il of this DC. PART IV - MOTIONS FOR RECONSIDERATION Section 25. Motions for Reconsideration. Motions for reconsideration of any order, resolution, or decision of the DOE shall not be entertained except when based on: (a) new evidence has been discovered which materially affects the decision rendered; (b) the decision was not supported by the evidence on record or the decision or final order is contrary to law; (c) errors of law or irregularities have been committed prejudicial to the interest of the movant, provided that the motion is verified and under oath and filed within fifteen (15) calendar days from receipt of the order, resolution, or decision, with proof of service that a copy of the same has been furnished within the reglementary period, the adverse party and provided further, that only one (1) such motion from the same party shall be entertained. No pleading shall be allowed other than the motion for reconsideration and opposition thereto. The filing of a motion for reconsideration shall interrupt the running of the period for filing an appeal with the Office of the President. PART V - APPEAL Section 26. Appeal. The order, decision, or resolution of a motion for reconsideration by the Director of LS is appealable within fifteen (15) calendar days upon receipt of a copy thereof by filing a notice of appeal to the Office of the Secretary of the DOE. The Office of the Secretary may require the party or parties to the case to submit an appeal memorandum, position paper, or such other pleading to provide additional information. Thereafter, the appeal shall be resolved within sixty (60) calendar days; otherwise, the appealed order, decision or resolution shall be deemed affirmed and a notice to such effect shall be furnished to the party or parties. The order, decision, or resolution of a motion for reconsideration by the Office of the Secretary is appealable within fifteen (15) calendar days after the receipt of a copy thereof to the Office of the President in accordance with Administrative Order No. 22, Series of 2011. Interlocutory orders shall not be subject to appeal. Section 27. Execution of Order, Decision or Resolution. The order, decision, or resolution issued by the Secretary of the DOE or the Director of LS shall become immediately executory fifteen (15) calendar days after the expiration of the period of appeal if no appeal is taken. === dc2024-05-0015-pages-06.ppm === DC re: Rules of Procedure in Administrative Cases for Violations under RA 11285 (Energy Efficiency and Conservation Act) Page 6 of 6 PART VI - FINES AND PENALTIES Section 28. Fines and Penalties. The DOE will impose fines and penalties in accordance with the schedule prescribed in the related issuances. Annex A provides a summary of all fines and penalties under the EEC Act and its related issuances. This Annex shall be periodically updated by the DOE annually or more frequently as necessary. The DOE, through EUMB, may issue an updated schedule of penalties, which shall take effect following a public consultation and fifteen (15) days after its publication in a newspaper of general circulation. PART VII - MISCELLANEOUS PROVISIONS Section 29. Effect of Pendency of Administrative Action. The initiation of an action against an establishment pending before the General Legal Services Division (GLSD) of the LS shall constitute a bar to any renewal/application until it is resolved with finality. Section 30. Amendment Clause. The DOE may revise, supplement, and issue related guidelines, circulars, and other subsidiary issuances as it deems necessary for the effective implementation of the various provisions of this DC. Section 31. Repealing Clause. The provisions of other circulars, orders, issuances, rules, and regulations, which are inconsistent with the provisions of this DC are hereby repealed, amended, modified, or superseded accordingly. Section 32. Separability Clause. If for any reason, any section or provision of this DC is declared unconstitutional or invalid, such parts not affected shall remain in full force and effect. Section 33. Effectivity. This DC shall take effect after fifteen (15) days following its publication in at least two (2) newspapers of general circulation. A copy of this DC shall be filed with the University of the Philippines Law Center - Office of the National Administrative Register. _ MAY 21 2024 a Issued this at DOE, Energy Center, Rizal Drive cor. 34" Street, Bonifacio Global City, Taguig City. RAPHAEL P.M. LOTILLA ecretary === dc2024-05-0015-pages-07.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT a2 gh AND TECHNOLOGY PROMOTION DIVISION - ae |Doc. 1D _ | EPMPD-PF-XX oa Sy Cee QUALITY MANAGEMENT SYSTEM — & PROCEDURES MANUAL Efrectivity XX XXXX 2024 ate: Document Name: Page no. 1 of SUMMARY OF FINES AND PENALTIES R 6 ev. no. (ANNEX A) ; en en Failure to submit an annual report of their projects whether on-going or completed in the form prescribed by EUMB no later than 30 April of every year. Failure to provide support for coordination and monitoring by the EUNB for projects undertaken. Failure to subject themselves and P 50,000.00 — Implementing their projects to independent P 100,000.00 Guidelines forthe | verification. ; M&V Procedures | Failure to comply with such other an of EE Projects and | requirements as may be required 5 an panes . a priate . ; Administration of | by the DOE for the attainment of a ve Suspension/ Obligations of |_| the objectives of the EEC Act and revocation of ESCO EEC-IRR. certification Failing to comply with the and/or obligations under Sections 3, 4, blacklisting and 5 of the IG. Failing to provide accurate information or provision of false or misleading energy information as equired under the IG. Failure to comply with issued orders of the DOE. Failure of CECOs to register with the required copy of a PRC license (if applicable) and other decument/s that would provide proof on continuous hands-on experience in the installation, operation, and maintenance of energy-consuming machines and equipment in facilities with energy consumption for Type 1 Designated Establishments. DBC2021-01-0001 “Guidelines for the Qualifications, Assessment, Registration, and Certification of Energy Conservation Officers (CECO), Energy Managers (CEM), and Energy Auditors (EAY P 20,000.00 P 10,000.00 — P 15,000.00 P 15,000.00 — P 20,000.00 and Revocation of certification === dc2024-05-0015-pages-08.ppm === Page no. 2 of 6 0C2022-03- 0006 “Adoption of Training Regulations Certification Process for Energy Auditors (EA) ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT EPMPD-PF-XX QUALITY MANAGEMENT SYSTEM Dee. 10 | PROCEDURES MANUAL Eroctivity XX XXXX 2024 AND TECHNOLOGY PROMOTION DIVISION Document Name: SUMMARY OF FINES AND PENALTIES Rev. no. (ANNEX A) Failure of CEMs to register with the required copy of a PRC license (if applicable) and other document/s that would provide proof on continucus hands-on experience in the installation, operation, and maintenance of energy-consuming machines and equipment in facilities with energy consumption for Type 2 Designated Establishments. Failure of EA to register with the required document/s that would provide proof on experience on energy audits. Failure of CECO to comply with the mandatory continuing energy efficiency and conservation seminars conducted by TESDA or any _ third-party institutions duly approved by TESDA. Failure of CEM to comply with the mandatory continuing energy efficiency and conservation seminars conducted by the DOE or any third-party institutions duly roved by the DOE. Failure to comply with issued orders of the DOE in the discharge of its enforcement powers. Pena P 20,000.00 P 10,000.00 - P 15,000.00 P 15,000.00 — P 20,000.00 and Revocation of certification Failure of RTI to comply with the responsibilities set forth under Section 11 of this Department Circular, Failure of EA to comply with the responsibilities set forth under Section 6 of this Department Circular. RTI who conducts trainings and/or similar seminars related to the DOE Training Regulations without recognition. Failure to provide accurate information or the provision of false or misleading information as required by this Department Circular. Failure to comply with issued orders of the DOE in discharge of its enforcement powers. P 20,000.00 P 10,000.00 — P 15,000.00 15,000.00 — P 20,000.00 and Revocation of certification === dc2024-05-0015-pages-09.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT AND TECHNOLOGY PROMOTION DIVISION |Doc. 1D | EPMPD-PF-XX QUALITY MANAGEMENT SYSTEM PROCEDURES MANUAL 7 XX XXXX 2024 Document Name: Page no. 3 of SUMMARY OF FINES AND PENALTIES R 6 ev. no. (ANNEX A) Failure of RTI to comply with the responsibilities under Section 6 of DC2022-03- 0008 * Offense this Department Circular. Failure of CEM to comply with the responsibilities under Section 9 of this Department Circular, nnn. Failure of CEM to register with the P 20,000.00 Regulations and required copy of a Philippine Prescribing Regulatory Commission | 10,000.00 -— 15,000.00 — and Certification (PRC) license (when applicable), | 15,000.00 P 20,000.00 Process for and document/s that would Revocation of Training provide proof of continuous hands- certification Institutions and | ON experience in the installation, Energy operation, and maintenance of Managers energy- consuming machines and (EMs)” equipment in facilities with energy consumption fer Type 2 Designated Establishments. Failure of CEM to comply with the mandatory energy efficiency and conservation seminars conducted by the DOE or any third-party institution duly approved by the DOE. Training Institution —_ providing trainings without recognition. Failure to provide accurate information or the provision of false or misleading information as required by this Department Circular. Wilifully refusing to submit to an Failure to comply with issued orders of the DOE in discharge of its enforcement powers. Willfully failing to submit to an on- site inspection as indicated in the EEC Act, EEC-IRR, and this Department Circular. Willfully refusing to submit any of the reports required herein. 20,000.00 P 10,000.00 — P 15,000.00 P 10,000.00 - P 15,000.00 and Revocation of certification DC2022-04- 0013 “Adopting of Certification Failure to provide accurate P 20,000.00 Guidelines for information or the provision of Energy Audit false or misleading information as | ® 10,000.00 — P 10,000.00 - and Conducted by required by this Department | f 15,000.00 P 15,000.00 Firm, Circular. Revocation of Partnership, Failure to comply with issued certification Corporation, and | orders of the DOE in the discharge Sole of its enforcement powers. Proprietorship (FPCS)” === dc2024-05-0015-pages-10.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT AND TECHNOLOGY PROMOTION DIVISION Doc. ID | EPMPD-PF-XX QUALITY MANAGEMENT SYSTEM — PROCEDURES MANUAL Effectivity | sox xxx 2024 Document Name: Page no. 4 of SUMMARY OF FINES AND PENALTIES 6 Rev. no. (ANNEX A) Penal Failure to submit a_ project completion/commissioning report within thirty (30) calendar days upon completion of the energy i ects DC2021-05- 0011 “Guidelines for their projects to independent the verification by the DOE upon enieeae of issuance of the guidelines for the P 10,000.00- | P20,0000.00— | P50,000.00-P Efficiency Failure to provide acourate P 20,000.00 P 50,000.00 100,000.00 Projects to the information or the provision of Board of false or misleading information as Investments for {| required to be submitted under the Fiscal EEC Act, the EEC-IRR, or the Incentives” Department Circular. Failure to comply with the issued orders of the DOE in the discharge of its enforcement powers. Failure of RTI to comply with the DC2023-05- coos responsibilities under Section 6 of “Goverment the Department Circular. Energy Training institution —_ providing Management trainings without recognition. Program Failure to provide accurate (GEMP) information or the provision of false Guidelines on or misleading information as Strengthenin required by the Department the Energy” Circular, P 20,000.00 Efficiency and Willfully refusing to submit to an Conservation _| on-site inspection. Fo oon | tebe and Professionals, aera a Adoption of Revocation of Training Module certification for Capacity Building and Failure to comply with issued Prescribing orders of the DOE in the discharge Certification of its enforcement powers. Process for the Recognition of Training Institutions” Selling of unregistered ECPs. P 1,000,000.00 | P 1,000,000.00 | f 1,000,000.00 Implementing Guidelines for Removal, defacing, altering, the Philippine | absence of correct energy label of Oso ee Bi ocydyop | ® 1,000,000.00 Energy Labeling [registered product. , et Program on Failing to provide accurate Registration, information or provision of false or Enforcement, misleading energy information as Monitoring, required. Verification, and P 1,000,000.00 | P 1,000,000.00 | 1,000,000.00 Refusal to submit to on-site P 100,000.00 — P 100,000.00 | 1 000,000.00 | ® 1:000,000.00 Compliance === dc2024-05-0015-pages-11.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT AND TECHNOLOGY PROMOTION DIVISION [Dos [EPUPDPRIO Effectivity XXXX _ Po . Penal Issuance Mechanism Refusal to cooperate (drawing of product samples) during | P 1,000,000.00 | P 1,000,000.00 | fF 1,000,000.00 Verification testing. Non-submission of Written annual reportorial Warnin P 500,000.00 P 1,000,000.00 requirements. 9 Selling leasing or importing P2020 06-0016 energy-consuming products that! = writen P 200,000.00 -— | P 500,000.00 - do not comply with the MEPP. Warning P500,000.00 | 1,000,000.00 QUALITY MANAGEMENT SYSTEM PROCEDURES MANUAL Document Name: SUMMARY OF FINES AND PENALTIES (ANNEX A) Page no. 5 of 6 “Prescribing the mum Failing to provide accurate nergy information or the provision of false Performance for , Products or misleading energy information (MEPP) as required. Covered by the Philippine Energy Labeling Program (PELP) for Compli “of Importers, P 100,000.00 - | P 200,000.00- | 500,000.00 -» Manufacturers, | Refusal to cooperate ( drawing of ® 200,000.00 P 500,000.00 1,000,000.¢0 Distributors, product samples) during Dealers, and Verification testing. Retailers of Energy- Consuming Products (ECP)° Failure to comply with energy DC2020-10- labels. 0023 Removal, defacing, or altering, any energy label on the ECPs " aw before the product is sald to the ee clioy ng first retail purchaser or leased to Framework for [thefirstlessee. _ the Development | Failure to provide accurate of the Fuel information or the provision of Economy Rating, | false or misleading information as Fuel Economy _| feduired to be submitted under the | »49,900.00-| 200,000.00- | 500,000.00 - Performance, | EEC Act and the EEC-IRR. P 200,000.00 | 500,000.00 | P 4,000,000.c0 and Related Selling, leasing, or imparting Energy Efficiency | transport vehicles that do not and comply with PELP and MEP. Conservation Willfully refusing to submit to an Policies for the on-site inspecticn. Transport Sector | Failure or willfully refusing to and Other submit any of the reports required. Support Failure to comply with issued Infrastructures" | orders of the DOE in the discharge of its enforcement powers. === dc2024-05-0015-pages-12.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT AND TECHNOLOGY PROMOTION DIVISION [Bes 10 [EPAPOPROC Effectivity | yx xxxx 2024 date: “ Po QUALITY MANAGEMENT SYSTEM PROCEDURES MANUAL Document Name: SUMMARY OF FINES AND PENALTIES (ANNEX A) Page no. 6 of 6 ' Moolation Selling, leasing, cr importing of transport vehicles that do not comply with the FEPR and MEPV not registered with the with the DC2023-05- 0016 200,000.00 — ® 500,000.00 P 500,000.00 — ® 1,000,000.00 P 1,000,000.00 “Prescribing the | DOE. Fuel Economy Failure to provide accurate Performance information or the provision of Rating (FEPR) | false or misleading information as | P 10,000.00— | 200,000.00-— | P 500,000.00 -P Guidelines on required to be submitted under the | ® 200,000.00 P 500,000.00 1,000,000.00 Road Transport | EEC Act and the [RR, this DC, and Vehicles under | other issuances of the DOE. Transport on-site inspection. P 200,00.00 ® 1,000,600.00 ___ Vehicles Fuel | Non-submission of reportorial | 10,000.00 — Economy requirements. P 200,000.00 P 500,000.00 1,000,000.00 Labeling Failure to comply with issued P 500,000.00 — Program orders of the DOE in the discharge P41 oco 000 00 P 1,000,000.00 | f 1,000,0C0.00 (VFELP) for of its enforcement powers. athe Compliance of Vehicle Manufacturers, Violating any provisions of the EEC P 10,000.00- | 200,000.00- | P 500,000.00-P Importers, Act, EEC-IRR, codes, and! on9.000.00 | 500,000.00 | 1,000,000.00 Distributors, guidelines _ _— iit iaiatd Dealers and Rebuilders" Selling of non-registered P 500,000.00 — transport vehicle P 1.000.000.00 P 1,000,000.00 | 1,000,000.00 Removal, defacing, altering, absence of correct fuel economy label before the product is sold to the first retailer purchases or leased to the first lessee. f 10,000.00 - P 200,000.00 P 200,000.00 - 500,000.00 - DC2023-05- P 500,000.00 | 1,000,000.00 0017 _ Failing to provide accurate Prescribing the | information or the provision of Guidelines cn | false or misleading fuel economy ne neo information as required. 0 P ,000.00 — Vehicles Fuel P 0Gb.0b0 00 P 1,000,000.00 | ® 1,000,000.c0 Economy Selling, leasing, or importing meal transport vehicles that do not R (VFELP) for sony with the FEPR and/cer Compliance of [willfully refusing to submit to an | P 10,000.00— ” Vehicle on-site inspection. P 200,000.00 | ® 1,000,000.00 lk Mere. Failing or willfully refusing to] ®10,000.00— | P 200,000.00 — | ? 500,000.00 -P Mporters, submit required reports P 200,000.00 | 500,000.00 1,000,060.00 Distributors, Dealers and Rebuilders” Failure to comply with issued P 500,000.00 orders of the DOE in the discharge 4 oso 000. 00 P 1,000,000.00 P 1,000,000.00 of its enforcement powers. ee Failure to register VFELP- P 200,000.00 | » 500,000.00 - . - : P 1,000,000.00 covered transport vehicles. P 500,000.00 ® 1,000,000.00 === dc2024-05-0015-pages-13.ppm === ENERGY EFFICIENCY AND CONSERVATION PROGRAM MANAGEMENT AND TECHNOLOGY PROMOTION DIVISION QUALITY MANAGEMENT SYSTEM Doc. 1D | EPMPD-PF-XX PROCEDURES MANUAL Enectivity XX XXXX 2024 Document Name: FILING OF ADMINISTRATIVE CASES PROCESS FLOWCHART tnstitution of Action by the DOE Filing a Complaint The Show Cause Order | provision of the taw violated Page no. 1 of 1 Yes shall prescribe the specific Is there a by the respondent and shall ots provide fifteen _(15) violation? calendar _days for the Outright Dismissal . The Show Cause respondent to submit a written explanati Order shall en explanation. prescribe _ the specific provision Show Cause Order of the law violated by the Conduct of Hearing { respondent and shall provide The entire administrative fifteen 15 proceeding for violations under Answer calendar days the EEC Act shall not exceed for the sixty (60) calendar days. { Tespondent to submit a written Final Resolution Final Resolution explanation. (Order or Decision) ~T (Order or Decision) The entire administrative proceeding for violations under the EEC Act shall not exceed si 60 calendar days. Motion for Reconsideration - STAKEHOLDER | Final Resolution (Order or Decision) Reproduction of this Manual is not allowed, unless approved by the DOE-EUMB Office of the Director