Response of Record

Responses in enforcement

Glossary: notices and replies in enforcement

Last checked 7 November 2026 · 8 sources

Short answer

Enforcement systems use different names for the same step: a notice of the case and a chance to reply. In the US, persons in an SEC investigation may submit a written statement before a staff recommendation 1. UK financial regulators send warning notices with at least 14 days to reply 2. The Information Commission sends a notice of intent with at least 21 days 3. Competition authorities send a statement of objections 4,5. The FDA uses Form 483 and warning letters 7.
SEC
Written statement under 17 CFR 202.5(c) 1
FCA and PRA
Warning notice, 14 days minimum 2
UK data protection
Notice of intent, 21 days minimum 3
European Commission
Statement of objections, four weeks minimum 4
UK CMA
Statement of objections under Rule 5 5
US FDA
Warning letter, reply usually in 15 working days 7

Notices that start the reply

  • Warning notice (UK). A notice from the FCA or PRA proposing action. It must give at least 14 days for representations, and the regulator may extend the period 2.
  • Decision notice (UK). The notice the regulator decides whether to give, within a reasonable period, after the warning notice stage 2.
  • Notice of intent (UK data protection). Written notice that a penalty notice is intended, with reasons and an indicated amount 3.
  • Penalty notice (UK data protection). The notice imposing the penalty. It must say whether representations were received 3.
  • Statement of objections (EU and UK competition). The notice setting out the objections the authority raises. At the Commission the reply deadline is at least four weeks 4. At the CMA it states facts, objections, proposed action and reply periods 5.
  • Section 96A notification (UK communications). Ofcom's notice of a suspected breach of a condition, with the period for representations and any penalty it is minded to impose 6.
  • Form FDA 483 (US). The list of objectionable conditions given to management at the end of an FDA inspection. It is not a final determination 8.
  • Warning letter (US FDA). An informal and advisory letter stating the agency's position and asking for a written response, usually within 15 working days 7.

Replies and hearings

  • Written statement (US SEC). A person involved in an investigation may submit a statement of their interests and position. Staff may say how much time is available before a recommendation goes to the Commission 1. Submissions are sent to the Commission with the staff memorandum 1.
  • Representations (UK). The written or oral reply to a warning notice, notice of intent or statement of objections 2,35.
  • Oral hearing. A hearing to develop arguments, offered by the CMA and chaired by a Procedural Officer 5. At the Commission it is conducted by a hearing officer and is not public 4.
  • Access to file. The right to inspect the authority's case documents, excluding internal documents 4,5.
  • Close-out letter (US FDA). Issued once FDA verifies that corrections were made 7.

Outcomes that are easy to confuse

A termination letter is not an exoneration. Under 17 CFR 202.5(d), when SEC staff end an investigation without recommending action they may say so, but that may not be read as meaning the party is exonerated 1. A settlement with the SEC does not extend to criminal charges 1.

A Form 483 is not a finding of violation 8. A warning letter does not commit the FDA to enforcement 7. A notice of intent is not a fine. The fine comes only in a penalty notice, after the representations period 3.

Reply windows at a glance

TermBodyReply window
Written statementSEC 1Time indicated by staff on request 1
Warning noticeFCA or PRA 2At least 14 days 2
Notice of intentInformation Commission 3At least 21 days 3
Statement of objectionsEuropean Commission 4At least four weeks 4
Statement of objectionsCMA 5Set in the notice 5
Section 96A notificationOfcom 6Set in the notification 6
Warning letterFDA 7Usually 15 working days 7

Common questions

Is a notice of intent the same as a fine?

No. The fine is imposed by a later penalty notice 3.

Does an SEC termination letter clear me?

No. The rule says it must not be read as exoneration 1.

What is the difference between a warning notice and a decision notice?

The warning notice proposes action and invites representations. The decision notice follows after the regulator decides 2.

Is a Form 483 a finding of violation?

No. The FDA says it is not a final agency determination 8.

Rules and charges change. Check the official source linked on this page before you pay or travel. Spotted an error? Email hello@responseofrecord.com.

Sources

  1. Legal Information Institute: 17 CFR § 202.5 Enforcement activities
  2. legislation.gov.uk: Financial Services and Markets Act 2000, section 387 Warning notices
  3. legislation.gov.uk: Data Protection Act 2018, Schedule 16 Penalties
  4. EUR-Lex: Commission Regulation (EC) No 773/2004 relating to the conduct of proceedings by the Commission pursuant to Articles 81 and 82 of the EC Treaty, consolidated text of 6 August 2015
  5. legislation.gov.uk: The Competition Act 1998 (Competition and Markets Authority's Rules) Order 2014, Schedule
  6. legislation.gov.uk: Communications Act 2003, section 96A Notification of contravention of condition other than SMP apparatus condition
  7. US Food and Drug Administration: Regulatory Procedures Manual, Chapter 4 Advisory Actions (July 2024)
  8. US Food and Drug Administration: FDA Form 483 Frequently Asked Questions (content current as of 9 January 2020)

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