| Issue: |
Sub-Issue 1: |
Sub-Issue 2: |
Sub-Issue 3: |
| penalties |
violation |
Commission's Discretion |
|
Summary:
The claimant had made false and misleading representations to the Commission. The Commission imposed a penalty and issued a notice of violation. The claimant's penalty was reduced to $1.00 and his notice of violation was set aside by the BOR. The Umpire decided that the issuance of notices of violations was automatic following a penalty and so the BOR had no jurisdiction to entertain such issue. The FCA ruled that the automatic issuance of notices of violations is not what the EIA provides for in s. 7.1(4), the Commission has a discretion to issue a notice of violation or not, depending on the circumstances. The exercise of this discretion can be appealed to the BOR.
