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The Third Revision of the Penalty Policy (effective Sept. 1, 2011) applies to violations that occurred on or after Sept. 1, 2011, and that are included in EARs assigned before April 1, 2014.

The Fourth Revision of the Penalty Policy (effective April 1, 2014) applies to violations that occurred on or after Sept. 1, 2011, and that are included in Enforcement Action Referrals (EARs) assigned on or after April 1, 2014.

The Fifth Revision of the Penalty Policy (effective Jan. 28, 2021) applies to all investigations conducted on or after Jan. 28, 2021, documenting violations that occurred or began on or after Sept. 1, 2011.