amendments to the program compliance review guide
DESCRIPTION
AMENDMENTS TO THE PROGRAM COMPLIANCE REVIEW GUIDE. July 2006 IFTA Annual Business Meeting. Summary of Changes. Strikes language allowing PCRC to seek expulsion after issuance of a Final Determination Finding of Non-Compliance - PowerPoint PPT PresentationTRANSCRIPT
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AMENDMENTS TO AMENDMENTS TO THE PROGRAM THE PROGRAM
COMPLIANCE COMPLIANCE REVIEW GUIDEREVIEW GUIDE
July 2006IFTA Annual Business
Meeting
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Summary of Changes
• Strikes language allowing PCRC to seek expulsion after issuance of a Final Determination Finding of Non-Compliance
• Adds language requiring PCRC to refer matter to DRC within 60 days of issuing a Final Determination Finding of Non-Compliance
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Summary of Changes
• Strikes Section IV Executive Committee Appeal Process
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AMENDMENTS TO AMENDMENTS TO THE PROGRAM THE PROGRAM
COMPLIANCE COMPLIANCE REVIEW GUIDEREVIEW GUIDE
July 2006IFTA Annual Business
Meeting
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AMENDMENTS TO AMENDMENTS TO THE DISPUTE THE DISPUTE RESOLUTION RESOLUTION
PROCESSPROCESS
July 2006IFTA Annual Business
Meeting
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General Layout of Current Document
Statement of PurposeI: DefinitionsII: Complaint Process A. General Information B. Complaint ProcessPenaltiesAppeals
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General Layout of Proposed Document
Statement of PurposeI: Definitions and General Procedures A. Definitions B. General ProceduresII: Complaint Process A. General Information B. Complaint ProcessIII: Program Compliance Enforcement
Process A. General Information B. Referral ProcessIV: PenaltiesV: Appeals
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Statement of Purpose
Language added to reflect that the DRP:
• Offers opportunity for the PCRC to address compliance issues
• Provides a means for resolution of continuing compliance issues identified through the PCR process
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Revised Definitions
Complainant• Revised to reflect that the PCRC
can be a complainant
Respondent• Revised to reflect that the PCRC
can be the party alleging that a jurisdiction (the respondent) is in non-compliance
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Added Definitions
• Referral: A formal Referral for Enforcement of a Final Determination Finding of Non-compliance from the Program Compliance Review Committee
• Review: A Program Compliance Review
• Review Committee: The IFTA Program Compliance Review Committee
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Added General Procedures Section
• Consolidates general procedures applicable to all types of disputes into single section
• Appropriate provisions moved from the prior General Information section
Examples:• When actions considered filed• Acceptable methods of filing• Proof of service• Requesting extensions of time on filing dates
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Revised Complaint Process/ General Procedures Section
• Strikes provisions that were moved to the new General Procedures section
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Revised Complaint Process/ Complaint Process Section
• Strikes provisions that were moved to the new General Procedures section
• Adds language to correct a prior error: “… must be approved by a majority of the voting members of the Committee.”
• Adds language requiring the distribution of DRC findings to include the Chief Executive of the Respondent to maintain consistency with recipients of the original complaint
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Added Program Compliance Enforcement Process Section
Subsections• General Information• Referral Process
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Program Compliance Enforcement Process Section
General Information Subsection• Authorizes PCRC to make a
referral for enforcement• Outlines how referral is filed• Requires review process to be
complete and a Final Determination Finding of Non-compliance to be issued
• Requires PCRC to make referral within 60 days of issuing Final Determination
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Program Compliance Enforcement Process Section
Referral Process Subsection• Requires PCRC to file a Referral
when a Final Determination Finding of Non-compliance is issued
• Outlines documentation PCRC is required to file with a Referral
• Establishes the findings of the PCRC as prima facie evidence of non-compliance
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Program Compliance Enforcement Process SectionReferral Process Subsection• Outlines process and required
documentation for Respondent to protest Referral
• Establishes the Final Determination Finding as the Compliance Findings and Order of the DRC in the event of no protest
• Allows a protest to be amended once within 30 days
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Program Compliance Enforcement Process SectionReferral Process Subsection• Requires Executive Director to
schedule date and location for DRC to review party submissions
• Allows Respondent to request and DRC option of granting a hearing
• Allows Respondent and PCRC to provide briefs and establishes schedule for submission
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Program Compliance Enforcement Process SectionReferral Process Subsection• Requires Respondent to file a
Statement of Compliance within 30 days of time scheduled for DRC to consider protest
• Allows Respondent to request and justify that witness testimony be permitted at a hearing
• Allows PCRC to respond to Statement of Compliance and to object to proposed witnesses or evidence
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Program Compliance Enforcement Process Section
Referral Process Subsection• Allows DRC to grant permission for
oral testimony by majority vote• Requires testimony to be informal and
confined to actions related to compliance since the review was conducted
• Respondent carries the burden of proof
• Allows Respondent and then PCRC to make its argument to the DRC
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Program Compliance Enforcement Process Section
Referral Process Subsection• Allows arguments/counter-arguments
to continue until majority of DRC has facts sufficient to make decision
• Requires findings to be approved by majority of voting members or voting members present in the event of a hearing
• Findings and Order allows for approval by signature and dissent by signature
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Program Compliance Enforcement Process SectionReferral Process Subsection• Requires findings to include a
determination on issues stated in the protest, including grounds for finding
• Allows for immediate assessment of any or all penalties and/or a resolution for expulsion
• Allows penalties to be linked to failure to attain certain goals and sets out process for Respondent to report progress
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Program Compliance Enforcement Process Section
Referral Process Subsection• Establishes process for
Respondent to petition DRC for relief from imposed penalties
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Penalties Section
No changes
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Appeals Section
• Adds language to clarify that the Board shall review accepted appeal matters at the next Board meeting
• Corrects language to require the Board to issue its decision within 45 days of reviewing the appeal rather than receiving the appeal
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AMENDMENTS TO AMENDMENTS TO THE DISPUTE THE DISPUTE RESOLUTION RESOLUTION
PROCESSPROCESS
July 2006IFTA Annual Business
Meeting
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Ballot 12-2006Ballot 12-2006
July 2006IFTA Annual Business
Meeting
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Ballot 12-2006
Sponsors:• Board of Trustees• PCRC
Intent:• Allow PCRC to initiate a compliance
matter under R1555 against a jurisdiction that remains out of compliance following a review and reassessment
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Ballot 12-2006R1555 COMPLIANCE MATTERS
.100 Dispute Resolution ProcessDisputes concerning issues of compliance with the International Fuel Tax Agreement may be resolved pursuant to the IFTA Dispute Resolution Process. The IFTA Dispute Resolution Process may be utilized to resolve only:
.005 Compliance disputes between member jurisdictions; and
.010 Compliance disputes between member jurisdictions and IFTA licensees ….
; and.015 Compliance matters from the Program
Compliance Review Committee.
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Ballot 12-2006Ballot 12-2006
July 2006IFTA Annual Business
Meeting