In January 2011, the Commission issued an Order authorizing the Secretary to issue a Staff’s Preliminary Notice of Violations (Notice) at the direction of the Director of the Office of Enforcement following the fact-finding portion of an investigation. Each Notice identifies the entity or entities that are the subject of an investigation, the time and place of the alleged conduct, the rules, regulations, statutes or orders alleged to be violated, and a concise description of the alleged wrongful conduct.

Notices of Alleged Violations are issued after staff has completed its fact-finding process, staff has presented the subject of the investigation with its preliminary findings, the subject has had the opportunity to respond in writing to staff’s preliminary findings, and staff has had a full opportunity to review and analyze the subject’s response.

The existence of any investigation, and the subjects of the investigation, will remain non-public throughout the investigative process. The issuance of a Notice does not confer on third parties the right to intervene or otherwise participate in an investigation.