0530-01-01-.11
Informal Show Cause Hearings
Cite as Tenn. Comp. R. & Regs. 0530-01-01-.11
(1)
When Registry staff presents documentation to the Registry indicating that a candidate or
political campaign committee has possibly violated the Campaign Financial Disclosure Law
and before the Registry takes action to assess civil penalties for a violation, the Registry shall
send a written notification as required by statute to the candidate or committee of the
allegations and the class and maximum amount of civil penalties which would be assessed
for such a violation. This notice shall be sent by electronic mail to the electronic mailing
address on file with the Registry or by regular mail to the mailing address on file with the
Registry.
(2)
Additionally, this notification shall inform the candidate or committee of the date, place and
time of the Registry’s next regularly scheduled meeting and provide the candidate or
committee the opportunity to choose one (1) of the following options:
(a)
The candidate, designee of a candidate, or committee shall be provided an
opportunity to personally appear before the Registry at its next regularly
scheduled meeting to show why civil penalties should not be assessed; or
(b)
The candidate, designee of a candidate, or committee shall be provided an
opportunity to submit a sworn statement to the Registry which has been sworn to
before a notary public, along with any pertinent attachments, to show why civil
penalties should not be assessed.
(3)
The opportunity provided to a candidate, the designee of a candidate, or committee to
personally appear before the Registry or to submit a sworn statement for the Registry’s
consideration as to whether to assess civil penalties against the candidate or committee is
not in lieu of any contested case hearing rights that the candidate or committee may have
pursuant to Tennessee Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq.
(4)
A candidate or committee has the right to appear with legal counsel at the Registry meeting.