NEW SECTION 9d: NON-REPORTING EMPLOYEES COVERED UNDER AN ASAP MOU: IF AN ASAP REPORT IDENTIFIES ANOTHER COVERED EMPLOYEE OF THE CERTIFICATE HOLDER IN A POSSIBLE VIOLATION, AND THAT EMPLOYEE HAS NEITHER SIGNED THAT REPORT NOR SUBMITTED A SEPARATE REPORT, THE ERC WILL DETERMINE ON A CASE ‑ BY ‑ CASE BASIS WHETHER THAT EMPLOYEE KNEW OR REASONABLY SHOULD HAVE KNOWN ABOUT THE POSSIBLE VIOLATION.