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Directory of Matters – Brief

Fiat Chrysler Automobile (US)

Details


Industry: Automotive
Underlying Misconduct: Civil Rights
Matter Type: DOJ Civil
Relevant Jurisdiction(s): National Highway Traffic Safety Administration (NHTSA)
Penalties: Civil Penalties
Fine Amount: $105,000,000
Reporting Agencies: Department of Transportation
Resolution Form: Consent Agreement
Agreement Date: July 24, 2015
Monitor Reference Term: Independent Monitor
Monitor Identity: Rodney Slater
Monitorship Term: 3 Years
Monitor Selection Process:

FCA US shall provide to NHTSA the names of three (3) individuals qualified to serve as the Independent Monitor and NHTSA will select the Independent Monitor from the three. NHTSA reserves the right to appoint the Independent Monitor if the parties cannot agree to a mutually acceptable Independent Monitor.

Time to Propose Monitors: 60 days after the execution date of this Consent Order
Time to Engage Monitor:
Time to First Report: 4 month
Reporting Frequency: Quarterly
Monitor Required Qualifications:

The Independent Monitor is not, and shall not be treated for any purpose, as an officer, employee, agent or affiliate of FCA US

Summary of Monitor's Scope:

The monitor shall review and assess FCA US's compliance with this Consent Order, and to determine whether FCA US is implementing its Final Best Practices and Training Plan during the term of this Consent Order

Summary of Monitor's Activities:

a) File a written report with NHTSA not less than every 4 months regarding: the Independent Monitor's activities; whether FCA US is complying with the terms of this Consent Order; FCA US's efforts to execute its performance obligations as set forth in this Consent Order and in Attachments A and B; any changes that are necessary to ensure FCA US's compliance with the Safety Act and regulations thereunder

b) Refer any violation of the terms of this Consent Order or any violation of the Safety Act or regulations thereunder to NHTSA which shall cause payment of the Deferred Amount to become due as set forth in Paragraph 21.

c) Inform NHTSA if FCA US fails to make adequate progress in executing its performance obligations

d) Submit a closing report to NHTSA 60 days prior to the expiration of this Consent Order assessing whether FCA US has complied with the terms oft he Consent Order and NHTSA shall determine whether FCA US should be released from the Consent Order

Monitor's Restrictions:

The Independent Monitor shall sign a non-disclosure agreement with FCA US prohibiting disclosure of information received from FCA US to anyone other than NHTSA or anyone designated by NHTSA or hired by the Independent Monitor.

Within 30 days of the end of the Independent Monitor's term, the Independent Monitor shall either return anything obtained from FCA US or certify that such information has been destroyed.

Documents Uploaded: Fiat-Chrysler-NHTSA-Consent-Order-24July2015.pdf

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