Issuance And Appeal Of Civil Penalty Assessment Orders

(1) A civil penalty order issued by the Registry assessing penalties against a candidate or political campaign committee cannot be issued unless a majority of the Registry members have voted that such an order be issued. Once a majority of the Registry members have voted that such an order should be issued, the chairperson or executive director shall have the authority to issue the order on behalf of the Registry. (a) A civil penalty order assessing civil penalties shall be mailed by electronic mail, or alternatively by regular mail, pursuant to T.C.A. § 4-55-107, to the candidate or political campaign committee to whom the order is issued at the electronic mailing address on file with the Registry, or alternatively to the mailing address CAMPAIGN FINANCIAL DISCLOSURE RULES CHAPTER 0530-01-01 on file with the Registry, and the party to whom it is issued shall be provided thirty (30) days from the date of the issuance of the order to either appeal the Registry’s order pursuant to the procedures provided for under Tennessee’s Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq., or to pay the assessed penalties to the Registry. (b) If a civil penalty assessment order is unable to be delivered by electronic mail, as demonstrated by substantial and/or documentary evidence, then the order shall be reissued and mailed by the Registry by regular mail delivery to the candidate or political campaign committee at the mailing address on file with the Registry. The candidate or committee shall then have thirty (30) days from the date of the reissuance of the order to either appeal the Registry’s order pursuant to procedures provided under the Uniform Administrative Procedures Act, compiled in T.C.A., Title 4, Chapter 5, Part 3, or to pay the assessed penalties to the Registry. (2) In order for a candidate or a political campaign committee to appeal an order issued by the Registry assessing civil penalties, the candidate or political campaign committee shall file a petition with the Registry. This petition shall be considered a request for a contested case hearing pursuant to the Uniform Administrative Procedures Act, T.C.A. §§ 4-5-301, et seq. (3) If the Registry’s order assessing civil penalties is not appealed within thirty (30) days of its issuance by the candidate or political campaign committee to whom it was issued, the order becomes a final order. (4) If a candidate or political campaign committee fails to either appeal a civil penalty order issued to it by the Registry or to pay the Registry the assessed penalties and the Registry’s order becomes final without the party taking any such action, upon the order becoming final, the Registry shall forward the matter to the State Attorney General and Reporter’s office. The Registry shall request that the Attorney General take legal action on its behalf to collect the civil penalties from the candidate or committee against whom the action has been taken. (5) In order to prevail on appeal, the burden of proof rests with the candidate or political campaign committee requesting appeal to establish the following, as applicable: (a) That all contributions, in-kind contributions, expenditures, independent expenditures, and obligations were properly reported and were allowable under law; (b) That all campaign financial disclosure reports, or any other filing required to be filed with the Registry, were timely filed; (c) That all corrections to submitted campaign financial disclosure reports, or any other filing required to be filed with the Registry, were timely submitted; and/or, (d) That a factual and/or legal basis exists, which was not considered by the Registry when assessing the civil penalty, to warrant the modification or withdrawal of the assessed civil penalties.