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

Cite as11 CFR 111.35
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20 practice notes
  • McChesney v. Peterson, 8:16CV168
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • December 22, 2016
    ...or challenge the finding and/or the penalty by filing a written response within 40 days of the date of the Commission's finding. 11 C.F.R. § 111.35(a), (e). The written response must assert one of three possible grounds for such a challenge: (1) factual errors in the Commission's finding; (......
  • McChesney v. Petersen, 8:16CV168
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • December 22, 2016
    ...or challenge the finding and/or the penalty by filing a written response within 40 days of the date of the Commission's finding. 11 C.F.R. § 111.35(a), (e). The written response must assert one of three possible grounds for such a challenge: (1) factual errors in the Commission's finding; (......
  • Combat Veterans for Cong. Political Action Comm. v. Fed. Election Comm'n, Civil Action No. 11–2168 (CKK)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2013
    ...factors in determining the civil penalty for the Committee's violation.” Pls.' Mem. at 31 (quoting AF2355–AR100). As discussed, 11 C.F.R. § 111.35(b)(3) allows parties to challenge fines on the grounds that “[t]he respondent used best efforts to file in a timely manner in that: (i) The resp......
  • Compliance procedures: Administrative fines; reporting requirements violations; civil money penalties; transmittal to Congress,
    • United States
    • Federal Register May 19, 2000
    • May 19, 2000
    ...Pay the Civil Money Penalty Pursuant to 11 CFR 111.34 and Does Not Submit a Written Response to the Reason To Believe Finding Pursuant to 11 CFR 111.35? The Commission will make a final determination and assess a civil money penalty, if any. The respondents will be notified by letter of the......
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12 cases
  • McChesney v. Peterson, 8:16CV168
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • December 22, 2016
    ...or challenge the finding and/or the penalty by filing a written response within 40 days of the date of the Commission's finding. 11 C.F.R. § 111.35(a), (e). The written response must assert one of three possible grounds for such a challenge: (1) factual errors in the Commission's finding; (......
  • McChesney v. Petersen, 8:16CV168
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Nebraska
    • December 22, 2016
    ...or challenge the finding and/or the penalty by filing a written response within 40 days of the date of the Commission's finding. 11 C.F.R. § 111.35(a), (e). The written response must assert one of three possible grounds for such a challenge: (1) factual errors in the Commission's finding; (......
  • Combat Veterans for Cong. Political Action Comm. v. Fed. Election Comm'n, Civil Action No. 11–2168 (CKK)
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2013
    ...factors in determining the civil penalty for the Committee's violation.” Pls.' Mem. at 31 (quoting AF2355–AR100). As discussed, 11 C.F.R. § 111.35(b)(3) allows parties to challenge fines on the grounds that “[t]he respondent used best efforts to file in a timely manner in that: (i) The resp......
  • McChesney v. Fed. Election Comm'n, No. 17-1179
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • August 15, 2018
    ...because he did not assert one of the three grounds enumerated in the Commission’s regulation on challenges to a civil penalty, 11 C.F.R. § 111.35. The regulation provides that the respondent’s written response "must assert" at least one of three enumerated grounds: that the Commission relie......
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1 firm's commentaries
  • PAC Operations in the Wake of COVID-19
    • United States
    • JD Supra United States
    • March 20, 2020
    ...not to pursue administrative fines against filers prevented from filing by reasonably unforeseen circumstances beyond their control. See 11 CFR 111.35. Our suggestion is to work diligently to file your reports on time, but if you cannot, file what you can, indicate “estimate” where appropri......

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