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DCMR
Chapter 35: Minor Party Exemption

3500 REQUEST FOR EXEMPTION

3500.1 Any member, contributor or recipient of expenditures involving a minor party may request an exemption from the disclosure provisions of this title.

3500.2 The requestor shall apply, in writing, to the Director.

3501 INFORMAL HEARING FOR EXEMPTION

3501.1 Within fifteen (15) days following a request for an exemption, the Director shall conduct an informal hearing.

3501.2 To obtain an exemption, the requestor shall show, by a reasonable probability, that the disclosure of the names of the members, contributors, and recipients of expenditures shall expose the persons to economic reprisals, harassment, loss of employment or threat of physical coercion from government officials or private parties.

3501.3 Evidence of the type of harm alleged, pursuant to §3501.2, shall include past or present harassment of members, recipients, or contributors, due to their associational ties, threats, reprisals or public hostility toward the minor party, its members, supporters, or individuals representing similar views.

3502 PROCEDURES FOR INFORMAL HEARING

3502.1 Notice of an informal hearing shall be issued in writing at least seven (7) days prior to the hearing.

3502.2 In the notice, the requester shall be informed of the following:

(a) The authority upon which the hearing is based;

(b) Time and place of the hearing;

(c ) The right to be represented by legal counsel; and

(d) The requester’s failure to appear may result in a dismissal of the matter.

3502.3 The Director shall regulate the course of the informal hearing and the conduct of the parties and their counsel.

3502.4 The requester, or counsel for the requester, shall present the requester’s case and evidence to the Director.

3502.5 The Director may wait a reasonable period of time for the requester to appear before beginning the informal hearing.

3502.6 If the requester fails to appear after a reasonable period of time, pursuant to §3502.5, the Director shall perform the following:

(a) Reschedule the informal hearing;

(b) Issue notice, pursuant to §3502.2; and

(c ) Serve the alleged violator both by certified and regular mail.

3502.7 If the requester fails to appear after an informal hearing has been rescheduled, pursuant to §3502.6, the Director may proceed with the informal hearing, Provided that the requester has received notice.

3502.8 Following the conduct of each informal hearing, the Director shall issue a written order with findings of facts and conclusions of law.

3503 DECISION OF THE DIRECTOR

3503.1 If the Director denies the request, the minor party shall disclose all necessary information in accordance with this title.

3503.2 If the Director approves the request, the minor party shall add the following sentence on all campaign literature:

By Order of the Director of Campaign Finance, pursuant to 3 DCM.R. Chapter 35 (June 1994, as amended) we are exempt from disclosing the names of the members, contributors and recipients of expenditures to protect our First Amendment rights.

3503.3 Nothing in this chapter shall preclude the Director from conducting an investigation for violations of this title, other than those disclosure requirements exempted pursuant to this chapter.

3504 REVIEW BY THE BOARD OF ELECTIONS AND ETHICS

3504.1 Any party adversely affected by any order of the Director may obtain review of the order by filing, with the Board of Elections and Ethics, a request for a hearing de novo.

3504.2 The request, pursuant to §3504.1, shall be filed in the following manner:

(a) Within fifteen (15) days from the issuance by the Director of an order; and

(b) In accordance with chapter 4 of this title.