2 AAC 50.399. Civil penalties for late or incomplete reports

(a) A report required by AS 15.13.110 (a) and (b) is delinquent if not filed in accordance with 2 AAC 50.310 on or before the due date or if incomplete.

(b) A report that is delinquent under (a) of this section continues to be delinquent and subject to a civil penalty until filed.

(c) The commission staff shall send notice to each candidate or group of the delinquency under AS 15.13.110 (a) within ten working days after discovering the violation.

(d) Upon receipt of a delinquent campaign disclosure report, the commission staff shall

(1) assess an initial civil penalty for each day of delinquency as follows:

(A) $10 a day for each report required by AS 15.13.110 (a)(1) (30-day report) or AS 15.13.110 (a)(3) (10-day report);

(B) $10 a day for each report required by AS 15.13.110 (a)(4) (year-end report) and received after February 15;

(D) $50 a day up to a maximum of $450 for each report required by AS 15.13.110 (b) (24-hour report);

(2) notify the candidate or group of the civil penalty assessed and provide an appeal form within 10 working days after receipt of the report, or after discovery of the failure to file a report required by AS 15.13.110 (b).

(e) A candidate, group, or nongroup entity that is assessed a civil penalty shall within 30 days after receipt of the notice in (d)(2) of this section

(1) pay the civil penalty; or

(2) appeal the assessment by submitting an affidavit under oath and upon penalty of perjury stating reasons for the late filing to show why a civil penalty should not be assessed.

(f) If a candidate, group, or nongroup entity that is assessed a civil penalty for the late filing of a campaign disclosure report refuses or fails to appeal or pay the penalty, the commission staff shall refer the matter to the attorney general for appropriate action. The commission will not hear an appeal if the appeal is not timely filed except upon a showing of good cause.

(g) The commission will consider a timely appeal at the next regular meeting. The commission staff shall notify the candidate, group, or nongroup entity before the meeting and the candidate, group, or nongroup entity may appear at the meeting personally or telephonically. The commission staff shall notify the candidate, group, or nongroup entity of the commission's decision to waive, mitigate, or uphold the penalty. The commission's decision is a final order for purposes of an appeal to the superior court under AS 44.62.560 .

(h) If the candidate, group, or nongroup entity fails to pay the penalty or appeal within 30 days after distribution of the decision, commission staff shall refer the matter to the attorney general for appropriate action.

(i) If it finds substantial or continuous noncompliance with AS 15.13 or this chapter, the commission staff shall bring the matter to the commission for review. The commission may reduce, waive, or uphold any initial civil penalty, or may increase the amount of any initial civil penalty to an amount not exceeding the maximum in AS 15.13.390 for each day a violation continues, or refer the matter to the commission staff for preliminary investigation into the matter. If an initial civil penalty has not been assessed, the commission may assess a civil penalty up to the maximum in AS 15.13.390 for each day a violation continues.

(j) A report is not delinquent and a penalty will not be assessed if the occupation or employer information required in AS 15.13.040 is not provided for a contribution and the treasurer or candidate returns the contribution no later than 10 days after receipt from the contributor.

History: Eff. 1/1/2001, Register 156; am 2/20/2005, Register 173

Authority: AS 15.13.010

AS 15.13.030

AS 15.13.380

AS 15.13.390

Editor's note: The substance of 2 AAC 50.399 was formerly located at 2 AAC 50.390. The history note does not reflect the history of the earlier regulation.

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