Title 2 . Administration

Chapter 50 . Public Information

Section 790. Civil penalty for late or incomplete disclosure statements

2 AAC 50.790. Civil penalty for late or incomplete disclosure statements

(a) Except as provided under 2 AAC 50.800, the staff of the commission shall assess a civil penalty of $10 per day under AS 24.60.240 against a filer on each day that the filer's disclosure statement is late or incomplete.

(b) If a filer disputes the amount of a civil penalty assessed under (a) of this section, the filer may submit to the commission an affidavit stating facts in mitigation within 30 days of the date of the notice described in 2 AAC 50.795(c) . At its next meeting after the filer submits the affidavit, the commission will consider the affidavit and other evidence relevant to the amount of the civil penalty, unless the commission, in its discretion, finds reason to consider the affidavit at a different meeting. The commission will permit the filer to speak at the meeting. After considering the affidavit and other evidence, the commission will

(1) affirm the civil penalty if the commission determines that the disclosure statement was late without good cause; or

(2) reduce or waive the civil penalty if the commission determines that the disclosure statement was late for good cause.

(c) No later than 60 days after a meeting described in (b) of this section, the staff of the commission shall send a written notice of the decision by the commission to the filer at the address on file with the commission.

(d) If the commission decides to impose some or all of a civil penalty assessed under (a) of this section, the filer shall

(1) pay the penalty no later than 30 days after the date of the notice described in (c) of this section; or

(2) file a notice of appeal under AS 24.60.240 or AS 44.62.560 .

History: Eff. 7/20/95, Register 135

Authority: AS 24.60.200

AS 24.60.210

AS 24.60.220

AS 24.60.240