Does the issuance of a Notice of Intended Enforcement (NOIE) require prior notification as defined in the Rules of Practice?
A4: It depends on the basis for the Agency’s action. The Rules of Practice identify those situations in which prior notification is not required (9 CFR 500.3), as well as those in which notification must be provided to the establishment before the initiation of a specific enforcement action (9 CFR 500.4). They also outline what is required in the NOIE that is used to provide prior notification in each of these circumstances (9 CFR 500.5).
