THE Department of Energy (DoE) said it is drafting procedures for administratively sanctioning violators of Republic Act No. 11245, or the Energy Efficiency and Conservation (EEC) Act of 2019.
The DoE said its powers under the draft policy include the authority to initiate proceedings motu proprio, or without the need for a complaint to be raised by from a third party, and to impose fines and other penalties that are updated annually or as the need arises.
The draft circular posted on its website cites the need to “protect and promote the public interest” and to assist the parties in obtaining “just, speedy and inexpensive disposition” of administrative cases under the ECC law and related issuances.
The law authorizes EEC programs and encourages the use of energy efficient and renewable energy technologies.
The law penalizes failure to comply with energy labeling rules; providing inaccurate energy consumption information; selling, leasing, or importing energy-consuming products that do not comply with the minimum energy-saving performance; and refusing to submit to on-site inspections, among others.
“In the exercise thereof, the DoE may commence such hearing or inquiry by an order to show cause, setting forth the grounds for such order,” according to the draft circular.
The DoE said that the show cause order should “clearly state the specific provision of law or regulation violated by the respondent and direct the respondent to submit a written explanation/answer within fifteen (15) calendar days from receipt of the order.”
The DoE said that administrative proceedings will be deemed resolved “upon issuance of an order or decision by the Director of the Legal Services or the authorized representatives of the Secretary in case of the field offices.” — Sheldeen Joy Talavera