Title 2 . Administration

Chapter 50 . Public Information

Section 135. Civil penalty assessments for late filing by municipal officers

2 AAC 50.135. Civil penalty assessments for late filing by municipal officers

(a) The statement of a municipal officer is delinquent if the municipal clerk or designated municipal official does not receive the statement on or before March 15, for an annual statement.

(b) The statement continues to be delinquent and subject to a civil penalty until received by the municipal clerk or designated official.

(c) The municipal clerk or designated official shall notify the commission within five days

(1) by telegram or telephone of the name and address of any municipal officer who has refused or failed to file a statement by the due date; and

(2) verify that all other municipal officers have filed.

(d) Within five days after receiving a notification under (c) of this section, the staff of the commission shall send a written notice to the municipal officer. The notice must state

(1) that the statement has not been filed;

(2) the date on which the statement was due;

(3) that refusal or failure to file

(A) is punishable as a misdemeanor offense; and

(B) on or before the 30th day of lateness will cause the commission to

(i) request the attorney general to initiate misdemeanor proceedings under AS 39.50.060 ; and

(ii) take other action as appropriate to carry out AS 39.50.060 ;

(4) the amount of the civil penalty assessable to date under (e) of this section;

(5) that the civil penalty assessable under (e) of this section increases until the statement is filed; and

(6) the right of appeal under AS 39.50.135 and 2 AAC 50.112.

(e) The municipal clerk or designated official shall notify the commission by telegram or telephone of the name and address of any municipal officer who filed a delinquent statement and the date on which the late statement was received by the clerk or designated official. Upon notification of the receipt of a delinquent statement, commission staff shall

(1) assess a civil penalty of

(A) $1 a day for the first seven days a statement is delinquent; and

(B) $5 a day for the eighth day and subsequent days of delinquency; and

(2) within five days after notification by the municipal clerk or designated official of receipt of a delinquent statement, send a notice of the civil penalty assessed against the municipal officer and a form for appealing the assessment.

(f) If a municipal officer disputes the amount of a civil penalty assessed under (e) of this section, the municipal officer, using the affidavit appeal form provided under (e) of this section, may submit to the commission an affidavit stating facts in mitigation within 30 days of the date of the notice described in (e) of this section. The commission will review the affidavit under the procedures set out at 2 AAC 50.112.

(g) Repealed 7/20/95.

(h) Repealed 7/20/95.

(i) Repealed 7/20/95.

(j) Notwithstanding (e) of this section, the staff of the commission may recommend that the commission assess $10 per day for each day that a statement is late if a municipal officer has

(1) failed to comply substantially with AS 39.50 or 2 AAC 50.010 - 2 AAC 50.200 by failing to report in the officer's statement a major source of income, interest in real property, business interest, loan, trust, or other substantial financial interest; or

(2) continuously failed to comply with AS 39.50 or 2 AAC 50.010 - 2 AAC 50.200 by failing to respond fully and within the time prescribed to a written request from the commission or staff for further information.

History: Eff. 9/9/78, Register 67; am 5/14/80, Register 74; am 1/26/86, Register 97; am 7/20/95, Register 135; am 1/1/2001, Register 156

Authority: AS 15.13.030

AS 39.50.020

AS 39.50.050

AS 39.50.135