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The Toffees lost 2-1 to their local rivals at Goodison Park on 20th October but Moyes was scathing of Clattenburg's performance.

Rafa Benitez' side were awarded two penalties, despatched by Dirk Kuyt, while Everton were denied a late spot-kick of their own when Jolean Lescott was apparently tugged by Jamie Carragher. Everton were also reduced to nine men following red cards to Tony Hibbert and Phil Neville.

"It is alleged that the comments made referring to referee Mark Clattenburg on each respective occasion amount to improper conduct as they call into question Mr Clattenburg's integrity and/or imply that Mr Clattenburg was motivated by bias," an FA statement read.

Moyes has a fortnight to respond to the two charges for the comments he made immediately after the game and also again a week later in a press conference.

"We deserved that penalty if not more and, if the other penalties were more blatant than that, then I am in the wrong game," Moyes said after the match.

"I am seemingly seeing football differently. If the referee does not see that you have got to ask why. Maybe they should not be there. It can't just be me being bitter, people asked was the referee biased and I can't comment but we got nothing at all."

Felix Lowe / Eurosport