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Part 2 – How to Pay Your Civil Money Penalty Using the Online Payment Portal - YouTube

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In Part 2 of our five part webinar "CMP and NTSO

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Complaints," Carolyn Lockeed with the Office of

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Compliance and Enforcement will review How to Pay a

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Civil Money Penalty using the Online Payment Portal.

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Coming up now in this edition of FDA's Tobacco

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Compliance Webinars.

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Thank you for watching part 2 of our webinar on

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CMP and NTSO Complaints.

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I'm Carolyn Lockeed with CTP's Office of Compliance

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and Enforcement.

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This is the second webinar in the series of five

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webinars to assist you, retailers and small

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businesses, that have received a Complaint

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seeking a Civil Money Penalty, also referred to

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as a CMP, or a No-Tobacco-Sale Order,

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also referred to as an NTSO.

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This episode explains how to pay your CMP using the

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online acknowledgment and payment portal.

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FDA has created five separate webinars in this

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series.

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The other topics in this series are: Part 1:

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Introduction to CMP and NTSO Complaints;

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Part 3: How to File an Answer and Consequences for Not

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Filing an Answer; Part 4: The Settlement Process;

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and Part 5: The Hearing Process, including what

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happens before the hearing is conducted, during the

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hearing, and after the hearing.

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All five webinars are available on FDA's Tobacco

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Compliance Webinars page.

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To access the webinars, visit www.fda.gov and type

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"FDA Tobacco Compliance Webinars" in the search

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bar.

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Follow the FDA Tobacco Compliance Webinars link

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in the search results to find all available

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webinars.

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The webinars are organized by year.

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You can watch all five webinars in order, or skip

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ahead to a webinar topic of your choice.

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Once you receive a CMP Complaint, one of the

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options you have is to pay the full amount of the

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penalty requested by FDA's Center for Tobacco

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Products.

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You can also have a settlement conference with

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FDA's Center for Tobacco Products to discuss

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factors that might help mitigate, or reduce, the

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penalty.

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The settlement process is covered in detail in

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webinar number four.

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If you request a hearing and a decision by the

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Administrative Law Judge, any penalties assessed by

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the Administrative Law Judge can be paid through

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the online Payment Portal.

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The hearing process is covered in detail in

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webinar five.

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During, this webinar, we will discuss: - How to

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access the online acknowledgment and payment

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portal to pay your civil money penalty (or CMP)

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using your assigned FDA Docket Number and Retailer

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Case Number - Submitting the required online

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acknowledgment form; and - Submitting payment

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online through the U.S.

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Department of Treasury's Pay.gov website.

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To pay a CMP, the easiest and preferred method is to

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pay online.

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To pay online, first you must access the FDA's

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Center for Tobacco Products - Civil Money

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Penalties Acknowledgment and Payment Portal,

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located at the web address provided in this slide.

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Please Note: Scheduled maintenance of the website

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usually occurs on the first business day of each

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month.

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If you receive a message that the system is not

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available due to scheduled maintenance, please try to

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access the system again after 24 hours.

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If you need immediate assistance, you can

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contact the FDA's Center for Tobacco Products at

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the phone number or the email address provided on

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this screen.

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Please provide your FDA Docket Number when calling

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or emailing.

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You can find the FDA Docket Number and Retailer

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Case Number on the cover letter that accompanied

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the Complaint for your case.

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After navigating to the portal and reviewing the

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system terms of use notice, click the radio

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button next to 'I understand' below the

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notice to proceed.

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You will then be directed to the "Case Search"

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screen.

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First, you will need the FDA Docket Number and

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Retailer Case number.

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You can find these numbers on the cover letter that

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accompanied the Complaint for your case.

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When entering the FDA Docket Number in the "Case

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Search" screen, you must use capital letters and

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dashes as they appear on the cover letter.

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It is important that you enter the FDA Docket

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Number and the Retailer Case Number carefully, as

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both numbers must match for the system to find

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your case.

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Once you have entered the FDA Docket Number and the

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Retailer Case Number, click the 'Search' button.

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After entering the proper FDA Docket Number and

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Retailer Case Number, the portal displays an

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'Acknowledgment Form' that corresponds to your CMP.

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Review the information and verify that the case

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information is correct, including the balance.

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If there are errors, please contact the FDA's

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Center for Tobacco Products using the phone

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number or email shown on this slide.

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You must submit an online acknowledgment form before

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making payment.

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The online acknowledgment form has several required

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fields into which you must enter information.

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The red boxes on this slide denote required

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fields.

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You must complete all the required fields in the

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acknowledgment form to procced to the payment

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page.

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We will now go through each required field.

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The acknowledgment form requires you to agree to a

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series of statements.

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Please take time to read each statement carefully.

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By checking the box next to each statement, you are

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acknowledging that: 1.

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You are authorized to settle claims on behalf of

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the retail establishment; 2.

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All of the violations contained in the

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Complaint, including any warning letter violations

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referenced in the complaint, occurred; 3.

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Sufficient payment will be made to settle the matter;

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4.

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You waive your ability to contest the violations in

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the future; and 5.

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The acknowledged violations may be counted

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in determining the establishment's total

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number of violations in future enforcement

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actions.

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If you are not willing to acknowledge each of these

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statements, you are responsible for filing an

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Answer within thirty days of receiving the

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complaint.

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Next, enter your 'First Name' and 'Last Name' in

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the provided fields.

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This serves as your electronic signature.

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By entering your name here, you acknowledge that

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your online consent is equivalent to a binding

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legal signature.

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Then, select your title from the 'Title' dropdown

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list.

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Your title is a required field and must be provided

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to proceed.

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If your title is not in the dropdown list, please

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stop and contact FDA's Center for Tobacco

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Products at the phone number or the email

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address provided on this slide.

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You will then be required to enter your phone

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number.

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The extension field is optional.

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You will also be permitted to enter your email

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address.

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Although the email address field is optional,

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providing an email address may assist FDA's Center

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for Tobacco Products in contacting you if the need

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arises.

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You may also enter your address if your mailing

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address is different from that of the retail

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establishment noted at the top of the page.

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These address fields are optional.

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Once you have completed all required information

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on the online acknowledgment form, click

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'I Agree.' By clicking the "I Agree" button, you

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consent to the use of the electronic signature to

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execute the Acknowledgment Form.

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The electronic signature will have the same legal

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effect, validity, and enforceability as a

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handwritten signature After the acknowledgment

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form is submitted, the 'Case Summary' page

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displays.

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Click the 'Print Form' button to view, save, or

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print a copy of the signed acknowledgment form.

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After clicking the 'Print Form' button, a new window

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opens with a printable version of the

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acknowledgment form.

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You may want to print the form for your records.

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Once you have completed an online acknowledgment

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form, you can begin the payment process.

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To begin the payment process, click the 'Pay

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Penalty' button on the Case Summary page.

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After clicking the pay penalty button, you will

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be directed to the warning screen shown on this

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slide.

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The penalty amount in the warning screen should

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match the amount of the CMP sought in the

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Complaint.

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If you participated in the settlement process with

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the FDA's Center for Tobacco Products, then the

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penalty amount in the warning screen should

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match the amount that you agreed upon during your

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discussions.

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As mentioned earlier, information on the

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settlement process can be found in webinar four.

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If the ALJ assessed a penalty in a Decision, the

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amount in the warning screen should match the

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amount assessed by the ALJ.

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If the penalty amount is incorrect, click "Cancel"

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and contact the FDA's Center for Tobacco

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Products using the contact information on this slide.

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If the penalty amount is correct, click "OK".

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You will then be directed to the payment methods

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page.

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On this page, you will be given the option to make

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payment online.

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The payment methods page also allows users to print

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an invoice.

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You are not required to print an invoice.

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But if you wish to print an invoice for your

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records, click the 'Print Invoice' button to view,

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save, and/or print a copy of the invoice.

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Click the 'Pay Now' button at the bottom left corner

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aon the 'Payment Methods' page to make an

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online payment via electronic check or credit

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card.

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Available online payment methods include: --

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Electronic Check, also known as e-check, or --

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Credit Card payment through Discover, Visa,

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Master Card, and American Express You can also make

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payment by mail with a check or money order.

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Instructions on how to pay by mail will be displayed

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on the screen.

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If you decide to pay through these methods,

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checks and money orders MUST be made payable to

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the United States Treasury.

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If the 'Pay Now' button doesn't display, contact

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FDA's Center for Tobacco Products for further

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instructions.

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After clicking "Pay Now," a new window opens for the

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U.S.

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Department of the Treasury's Pay.gov Web

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site.

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Once the payment process is completed through

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Pay.gov, Pay.gov generates a Pay.gov Tracking ID

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confirming that the payment has been

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submitted.

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You should keep this tracking number for your

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records.

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The Pay.gov Tracking ID is not a confirmation that

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the FDA has received and processed the payment.

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It can take up to two business days for the

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payment to process.

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Once your payment has been processed, FDA's Center

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for Tobacco Products will send you a written

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acknowledgment of payment.

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The Departmental Appeals Board, or DAB may also

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send you documents relating to the closing of

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the case.

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Please keep these documents for your

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records.

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If you have any questions regarding these documents,

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please contact the FDA's Center for Tobacco

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Products at the phone number or the email

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address provided on this screen.

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This concludes our discussion of How to Pay

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your Civil Money Penalty Online.

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To summarize the material we have covered in this

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webinar: - We discussed how to access the online

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acknowledgment and payment portal; - We demonstrated

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how to submit an online acknowledgment form; - We

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reviewed the steps for paying the penalty; - And,

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we examined how to print an invoice for your

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records.

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Now that we've covered the basics of How to Pay your

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Civil Money Penalty Online, we encourage you

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to visit the other webinars in the series if

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you have additional questions regarding a CMP

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or NTSO.

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The first webinar in this series was an Introduction

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to Civil Money Penalty and No-Tobacco-Sale Order

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Complaints.

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The remaining webinars in this series are: - Part

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3: How to File an Answer and Consequences for Not

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Filing an Answer; - Part 4: The Settlement Process;

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and - Part 5: The Hearing Process All five webinars

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are available on the FDA Tobacco Compliance

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Webinars page.

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To access the webinars, visit www.fda.gov and type

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"FDA Tobacco Compliance Webinars" in the search

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bar.

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Follow the FDA Tobacco Compliance Webinars link

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in the search results to find all available

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webinars.

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The webinars are organized by year.

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Thank you for watching part 2 of our webinar on

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CMP and NTSO Complaints, brought to you by the

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FDA's Center for Tobacco Products, whose mission is

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to protect our kids and the nation's health from

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the dangers of tobacco.

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