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Tennessee Regulations § 0530-01-01-.11 INFORMAL SHOW CAUSE HEARINGS

⤴ Up to Chapter 0530-01-01: Campaign Financial Disclosure Rules

Regulation Text

(1) When Registry staff presents documentation to the Registry indicating that a candidate or political campaign committee has possibly violated the Campaign Financial Disclosure Law and before the Registry takes action to assess civil penalties for a violation, the Registry shall send a written notification to the candidate or committee of the allegations and the class and maximum amount of civil penalties which would be assessed for such a violation. Additionally, this notification shall inform the candidate or committee of the date, place and time of the Registry's next regularly scheduled meeting and provide the candidate or committee the opportunity to choose one (1) of the following options:
(a) The candidate, designee of a candidate, or committee shall be provided an opportunity to personally appear before the Registry at its next regularly scheduled meeting to show why civil penalties should not be assessed; or
(b) The candidate, designee of a candidate, or committee must be provided an opportunity to submit a sworn statement to the Registry which has been sworn to before a notary public, along with any pertinent attachments, to show why civil penalties should not be assessed.
(2) The opportunity provided to a candidate, the designee of a candidate, or committee to personally appear before the Registry or to submit a sworn statement for the Registry's consideration as to whether to assess civil penalties against the candidate or committee is not in lieu of any contested case hearing rights that the candidate or committee may have pursuant to Tennessee Administrative Procedures Act, T.C.A. § 4-5-301 , et seq.
(3) In order for a candidate, the designee of a candidate, or committee to take advantage of the opportunity to personally appear before the Registry at its regularly scheduled meeting, the candidate or committee must request such an appearance in writing. A candidate or committee has the right to appear with legal counsel at the Registry meeting.
(4) In order for a candidate, the designee of a candidate, or committee to take advantage of the opportunity to submit a sworn statement, along with any pertinent attachments for the Registry's determination as to whether to assess civil penalties, the statement and any attachments must be received in the Registry's office no later than eight (8) days before the day of the Registry's meeting in order to have the information considered by the Registry at that meeting. A sworn statement received less than eight (8) days before the Registry's meeting will have the matter continued until the Registry's next meeting.

History

Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993. Amendment filed November 17, 2007; effective March 28, 2008.

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