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

111.35 - If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do?

  (a) Within forty (40) days of the Commission's reason to believe finding, the respondent shall submit to the Commission a written response.

  (b) The written response shall contain the following: (1) Reason(s) why the respondent is challenging the reason to believe finding and/or civil money penalty which may consist of: (i) The existence of factual errors; and/or (ii) The improper calculation of the civil money penalty; and/or (iii) The existence of extraordinary circumstances that were beyond the control of the respondent and that were for a duration of at least 48 hours and that prevented the respondent from filing the report in a timely manner; (2) The factual basis supporting the reason(s); and (3) Supporting documentation.

  (4) Examples of circumstances that will not be considered extraordinary include, but are not limited to, the following: (i) Negligence; (ii) Problems with vendors or contractors; (iii) Illness, inexperience, or unavailability of staff, including the treasurer; (iv) Computer failures (except failures of the Commission's computers); and (v) Other similar circumstances.

[65 FR 31794, May 19, 2000, as amended at 68 FR 12577, Mar. 17, 2003]