INFORMAL HEARING FOR ALLEGED VIOLATIONS OF REPORTING
The Director may institute or conduct an informal hearing on alleged
violations of the reporting and disclosure requirements, prescribed
by the Act and chapters 30-37 of this title.
The reporting and disclosure requirements, pursuant to §3709.1,
shall apply to the following:
Lobbyist Activity Report;
Lobbyist Registration Form;
Financial Disclosure Statement;
Statement of Potential Conflict of Interest;
Notification required on campaign literature, pursuant to the Act;
The responses to Requests for Additional Information (RFAI);
Statement of Candidacy;
Statement of Organization;
Statement of Information;
ANC Summary Financial Statement; and
Honoraria and Outside Income Disclosure Statement.
Notice of an informal hearing shall be issued in writing at least
seven (7) days prior to the hearing.
In the notice, an alleged violator of the reporting requirements shall
be informed of the following:
Nature of the alleged violation;
The authority on which the hearing is based;
) Time and place of the hearing;
The right to be represented by legal counsel; and
The alleged violatorís failure to appear may be considered an admission
of the allegation.
The Director shall regulate the course of the informal hearing and the
conduct of the parties and their counsel.
The alleged violator, or counsel for the alleged violator, shall present
the alleged violatorís case and evidence to the Director.
The Director may wait a reasonable period of time for the alleged violator
to appear before beginning the informal hearing.
If the alleged violator fails to appear after a reasonable period of
time, pursuant to §3709.8, the Director shall perform the
Reschedule the informal hearing;
Issue notice, pursuant to §3709.4; and
Serve the alleged violator both by certified and regular mail.
If the alleged violator fails to appear after an informal hearing has
been rescheduled, pursuant to §3709.9, the Director may proceed
with the informal hearing; Provided, that the alleged violator has received
Following the conduct of each informal hearing, the Director shall perform
Determine by whether a violation has occurred; and
Issue a written order with findings of facts and conclusions of law.
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.
The request, pursuant to §3709.12, shall be filed in the following
Within fifteen (15) days from the issuance by the Director of an order;
In accordance with chapter 4 of this title.