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      FEC Record: Commission
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      Commission seeks comment on enforcement process (2013)

FEC Record: CommissionCommission seeks comment on enforcement process (2013)January 31, 2013 The Commission is seeking public comment on certain aspects of its enforcement process and, more generally, whether the agency is effectively enforcing the Federal Election Campaign Act and Commission regulations. The comments received will be considered in determining whether the agency’s enforcement policies and procedures should be altered and whether rulemaking is advised. The request for comment was published in the Federal Register on January 18, 2013. The Commission is particularly interested in hearing from complainants and respondents who interact directly with the agency, including committee treasurers and other persons who may become involved in the enforcement process. Specific topics include: The Office of General Counsel’s use of media reports and other publicly available information in forming recommendations to the Commission as to whether there is “reason to believe” a violation may have occurred;The formulas the agency uses to calculate civil penalties; andThe Commission’s practice of seeking disgorgement of funds in addition to penalties for certain violations. The notice also poses questions about the Commission’s Alternative Dispute Resolution (ADR) program and whether the agency’s policy of accepting or rejecting proposed ADR settlements is effective. The complete Request for Comment is available on the FEC’s website at: https://transition.fec.gov/law/policy/enforcement/hearing/notice2013-01.pdf. Comments must be in writing and must be received on or before Friday, April 19, 2013. Commenters are encouraged to submit comments by email to process@fec.gov to ensure timely receipt and consideration. Alternatively, comments may be submitted in paper form to: Federal Election Commission Attn: Commission Secretary 999 E Street, NW Washington, DC 20463 All comments must include the full name and postal service address of the commenter, and of each commenter if filed jointly, or they will not be considered. The Commission will post comments on its Web site at the conclusion of the comment period, and will later determine whether to hold a hearing on this matter. Resources: Guidebook for Complainants and Respondents on the FEC Enforcement Process [PDF]The Alternative Dispute Resolution programThe Administrative Fine program
 Author
          Isaac BakerCommunications Specialist


Read next: Agency procedure for document and information disclosure during enforcement (2011)
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This information is not intended to replace the law or to change its meaning, nor does this information create or confer any rights for or on any person or bind the Federal Election Commission or the public. The reader is encouraged also to consult the Federal Election Campaign Act of 1971, as amended (52 U.S.C. 30101 et seq.), Commission regulations (Title 11 of the Code of Federal Regulations), Commission advisory opinions and applicable court decisions.


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