410-RICR-10-00-1. Appealing of Late Fines (version Amendment, 08/08/2010 to 08/08/2010)

-RULES AND REGULATIONS FOR THE APPEALING OF LATE FINES- As Amended: 5/19/2010 7/13/2010 Promulgated by order of The Rhode Island State Board of Elections John A. Daluz, Chairman RULES & REGULATIONS FOR THE APPEAL OF LATE FILING FINES ADOPTED BY THE RHODE ISLAND BOARD OF ELECTIONS The Rhode Island Board of Elections hereby amends rules and regulations relating to contributions and expenditures reporting pursuant to and in aCEordance witn R.l Gen. Laws §17-25-11(g) and 17-25.2-5(d). Said rules and regulations are amended pursuant to the Administrative Procedures Act (R.1 G.L. §42-35 et seq.) and are available for public inspection at the offices of the Rhode Island Board of Elections, 50 Branch Avenue, Providence, Rhode Island. Section 1. Purpose This rule is adopted by the Board of Elections for the purpose of clarifying and expanding upon R.I.G.L. § 17-25-11(g) and 17-25.2-5(d). Section 2. Deimitions "Filer" means any candidate, committee, -or person required to file Campaign Finance Reports pursuant to R.I.G.L. § 17-25-11 and 17-25.2-5. "Supervisory Staff' means the Board of Elections' Executive Director, Director of Campaign Finance, or their designees. Section 3. Contesting Late Filing Fines When the Board of Elections assesses a Filer with a fme for failure to file reports under R.I.G.L. § 17-25-11(g)(2) or 17-25.2-5(d)(2), and the Filer is subsequently notified by certified mail of the imposition of the fme, then the Filer may appeal the fme on grounds that the fme was incorrectly imposed within thirty (30) days of receipt of notice . of the non-compliance or in the event that the notice is not claimed, within forty-five (45) days of the date on which the notice was sent. A failure to file a timely appeal shall be deemed an admission. Requests for appeals must be in accordance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections. Nothing in this section shall prohibit the Board of Elections from acting on its own motion to waive any fmes or fees imposed. Section 4. Waiver of Late Filing Fines - For Good Cause Shown Filers seeking waivers offmes or fees imposed under R.I.G.L. § 17-25-11(g) or 17-25.2-5(d) may request a waiver by the Board of Elections for good cause shown within sixty (60) days of receipt of notice of the non-compliance or if the notice is not claimed, within seventy-five (75) days ofthe date on which the notice was sent. Waivers 1 may only be considered ifthere are no reports past due. All waiver requests must be submitted either in writing or electronically and contain the Filer's name, address, a statement specifying the fines and fees to be waived, and cause for the late filing. The Board of Elections hereby authorizes its Supervisory Staff to administratively review and act upon all requests, including setting conditions for any full or partial waivers, where the amount offmes and fees do not exceed five thousand dollars ($5,000~_ Waiver-requests where the amount offmes exceed five thousand dollars ($5,000) will be submitted to the Board for public hearing, provided however, that the Board hereby authorizes its legal counsel to take whatever action is available under the law to collect any outstanding penalties and, with the consent of the Board's Supervisory Staff, to set conditions for any full or partial waivers. Filers may appeal the Supervisory Staff's decision on any waiver-request for a de novo public hearing to the Board 'of Elections within forty-five (45) days ofthe date of the notice, which shall contain a statement of the Filer's right of appeal. All requests for a hearing must be in writing and in compliance with the Rules of Practice and Procedure in Adjudicatory Hearings before the Rhode Island Board of Elections. Nothing in this section shall prohibit the Board of Elections from acting on its own motion to waive any fmes or fees imposed. Section 5. Applicability - Prior Fines and Fees All fmes and fees due prior to the adoption of this regulation are hereby subject to this regulation. All theriglits and periods of wai:ver and appeal stated herein shall commence with the date-of adoption -ofthis regulation. All previous notices sent prior to the adoption of this regulation shall be deemed sufficient and shall not be resent. Section 6. Implementation The Board of Elections may promulgate procedures and forms necessary to implement the within rules and regulations required under the Rhode Island General Laws. These rules and regulations were adopted at a meeting of the State Board of Elections held on the \3 T \'I day of :::::s \J \ "< 2010 pursuant to the Administrative Procedures Act (R.I.G.L. 42-35-1, et seq.). ode Island Board of Elections Wi1neS~ / ~~ (~bert Kando, Executive Director 2