Library / B 183 Federal Republic of Nigeria Official Gazette No. 55
B 183 Federal Republic of Nigeria Official Gazette No. 55

Page 7 of 9
B 189
(b)  direct the person to whom the notice is issued to do or not to do, the
specified act or activity ; or
(c)  specify the time frame for compliance with the notice.
PART IV — ADMINISTRATION OF SANCTIONS
11.—(1)  A person whom the Authority suspects will either commit an
offence or has committed an offence shall be issued a notice of non-compliance
which shall —
(a) state the facts and circumstances that make the person liable to a
penalty ;
(b)  specify the penalty ; and
(a)  inform the person of their right to make representation to the Authority.
(2)  The person to whom notice in subregulation (1) is sent may make
representation to the Authority, within 30 days after receipt of the notice.
12.  The representation of the person to whom the notice of non-
compliance is issued shall include —
(a)  circumstances leading up to the offence,
(b)  evidence that no offence occurred, or
(c)  corrective measures provided to minimise impact,
where there is no contention from the representation that an offence was
committed.
13.—(1)  The Authority, upon consideration of representation made in
regulation 12, may —
(a)  assess a penalty and set a date by which the penalty is to be paid in
full ; or
(b)  determine that no penalty be assessed.
(2)  The Authority shall serve a copy of its decision in subregulation (1)
on the person who made the representation within 30 days after the receipt of
the representation.
14.—(1)  Where a person to whom a notice of non-compliance is issued,
fails to make a representation or fails to provide a compelling reason why a
penalty should not be issued, the Authority shall issue a demand notice and —
(a)  apply the administrative penalties in applicable Regulations ; or
(b)  impose the sanctions and fines provided in the Act.
Issuance of
notice of
non-
compliance
Representation
on notice of
non-
compliance
Decision on
issuance of
penalties
Issuance of
demand
notice