11 CFR 111.32 - How will the Commission notify respondents of a reason to believe finding and a proposed civil money penalty?

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Title 11: Federal Elections

CHAPTER I: FEDERAL ELECTION COMMISSION

SUBCHAPTER A: GENERAL

PART 111: COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))

Subpart B: Administrative Fines

111.32 - How will the Commission notify respondents of a reason to believe finding and a proposed civil money penalty

If the Commission determines, by an affirmative vote of at least four (4) of its members, that it has reason to believe that a respondent has violated 2 U.S.C. 434(a), the Chairman or Vice-Chairman shall notify such respondent of the Commission's finding. The written notification shall set forth the following:

(a) The alleged factual and legal basis supporting the finding including the type of report that was due, the filing deadline, the actual date filed (if filed), and the number of days the report was late (if filed);

(b) The applicable schedule of penalties;

(c) The number of times the respondent has been assessed a civil money penalty under this subpart during the current two-year election cycle and the prior two-year election cycle;

(d) The amount of the proposed civil money penalty based on the schedules of penalties set forth in 11 CFR 111.43 or 111.44; and

(e) An explanation of the respondent's right to challenge both the reason to believe finding and the proposed civil money penalty.

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