Title 2 . Administration

Chapter 50 . Public Information

Section 507. Civil penalty assessments

2 AAC 50.507. Civil penalty assessments

(a) A registration statement or report required to be filed under AS 24.45.041 , 24.45.051, 24.45.061, or 24.45.081 is delinquent if not received on or before the due date.

(b) A registration statement or report continues to be delinquent and subject to a civil penalty until received.

(c) Upon receipt of a delinquent registration statement or report, commission staff will calculate the initial civil penalty at $10 for each day from the due date through the date the registration or report is submitted, and send a notice of the civil penalty assessed against the lobbyist or employer of lobbyist. The notice shall include

(1) a statement of the amount of the assessment; and

(2) an affidavit form which may be used by the lobbyist or employer of lobbyist to request a reduction or waiver of the assessment.

(d) Within 30 days of the date of the assessment notice described in (c) of this section, a lobbyist or employer of a lobbyist subject to a civil penalty assessment must

(1) submit an affidavit stating reasons for the late filing to show why a civil penalty should be reduced or waived; an affidavit

(A) is a statement in writing made under oath and upon penalty of perjury; and

(B) must be sworn to before a notary public, municipal clerk, court clerk, postmaster, or any other person authorized to administer oaths or, if none of the preceding alternatives is available, may be signed by the affiant without benefit of the oath so long as the affiant states, in writing, that the affidavit is signed under penalty of perjury; or

(2) pay the civil penalty assessed.

(e) If a lobbyist or employer of a lobbyist subject to a civil penalty assessment for the late filing of a registration statement or report refuses or fails, within the time required, to submit an affidavit or make payment, commission staff will pursue appropriate collection action. The commission will not hear an untimely request to reduce or waive an assessment. A request is untimely if an affidavit is not filed within the time required under (e) of this section.

(f) An affidavit timely filed will be considered at a regularly scheduled meeting of the commission. Affiant will be given notice of the meeting and will be given an opportunity to appear before the commission in person or by telephone. After considering the matter, the commission will issue an order setting out its decision, and the findings of fact and conclusions of law which support the decision. Staff will send the order to the affiant. If a lobbyist's or employer of a lobbyist's appeal is

(1) denied by the commission, the order will require that the civil penalty originally assessed be paid within 30 days after the date of the letter forwarding the order; or

(2) accepted, in full, by the commission, the order will state that the civil penalty assessment has been waived and that the matter is considered closed; or

(3) accepted, in part, by the commission, the order will require that the reduced civil penalty assessment be paid within 30 days after the date of the letter forwarding the order.

(g) A decision of the commission to deny a reduction or waiver of the civil penalty may be appealed to the superior court pursuant to AS 44.62.560 and Alaska Rules of Appellate Procedure 601-612. If payment of the penalty is not made or if an appeal is not filed within 30 days after the date of the letter forwarding the commission's order, commission staff will pursue appropriate collection action.

(h) If, upon review of a report or registration, the commission's staff finds substantial or continuous noncompliance with AS 24.45 or a provision of this chapter, the matter must be brought to the commission for review. After notice and an opportunity to be heard the commission may assess a civil penalty of not more than $10 per day, subject to the appeal process, for each day the registration or report did not substantially comply with the requirements of AS 24.45, or instruct its staff to begin a preliminary investigation into the matter.

History: Eff. 7/22/78, Register 67; am 5/14/80, Register 74; am 5/24/81, Register 78; am 9/27/91, Register 119

Authority: AS 15.13.030

AS 24.45.021 (b)

AS 24.45.041

AS 24.45.051

AS 24.45.061

AS 24.45.081

AS 24.45.131 (a)

AS 24.45.141