Everton manager David Moyes has been charged by the Football Association following the comments he made about referee Mark Clattenburg in the wake of the derby defeat against Liverpool in October.
Clattenburg sent off Everton duo Tony Hibbert and Phil Neville for conceding second-half penalties as the Reds won 2-1 at Goodison Park.
But Moyes was incensed after his team were denied a late penalty when Jamie Carragher appeared to foul Joleon Lescott in the box, while Kuyt was only booked for a two-footed lunge at Neville.
The Everton boss said after the game: 'We deserved that penalty if not more and, if the other penalties were more blatant than that, then I am in the wrong game.
'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.'
He added: '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.'
Moyes has been charged with two breaches of FA rule E3 in respect of comments he made immediately following the game and also comments he made in a press conference the following week.
The FA charge stated that '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'.
Moyes has until December 11 to respond to the charge.
Meanwhile, an FA regulatory commission was meeting today to consider the claim for wrongful dismissal from Chelsea midfielder Michael Essien, who was sent off for violent conduct during Saturday's 2-0 victory at Derby.