0530-01-01-.13
Reconsideration Of The Issuance Of Civil Penalty Assessment
Cite as Tenn. Comp. R. & Regs. 0530-01-01-.13
ORDERS.
(1)
If a candidate or political campaign committee against whom a civil penalty assessment order
has been issued by the Registry wishes to request that the Registry reconsider the matter,
the candidate or committee must follow these procedures to have the Registry consider the
request:
(a)
The candidate or committee must file a written request with the Registry asking
that the assessment of civil penalties against the candidate or committee be
reconsidered by the Registry. The written request for reconsideration must be
filed with the Registry within fifteen (15) days of the date of the issuance of the
Registry’s order assessing civil penalties. A petition for reconsideration of a final
order that has become a final order pursuant to Rule 0530-01-01-.12(4) when no
party timely filed a petition for reconsideration of an initial order or when the
petition for reconsideration of an initial order was denied is not permitted.
(b)
For a written request for reconsideration to be considered by the Registry, the
candidate or committee must include additional information concerning the
matter that was not available for the Registry’s consideration at its meeting at
which the civil penalty order was issued by the Registry. If no additional
information is included in the request for reconsideration, the Registry may
choose not to reconsider the matter. It is the responsibility of the candidate or
committee requesting reconsideration to provide information to the Registry
which demonstrates that reconsideration is warranted.
(c)
While a request for reconsideration of a civil penalty order by a candidate or
political campaign committee is pending before the Registry, the Registry’s order
assessing penalties does not become final until a determination is made by the
Registry as to the request for reconsideration.
(2)
Upon a vote of a majority of the Registry members to deny a candidate or political campaign
committee’s request for reconsideration of any civil penalty assessment order, the Registry
shall issue an order by electronic mail at the electronic mailing address on file with the
Registry, or alternatively, by regular mail at the mailing address on file with the Registry,
denying the request and providing the candidate or committee ten (10) days after the date of
the issuance of the order to appeal the original assessment order under the Tennessee
Administrative Procedures Act before the order becomes a final order.