Compilation of Rules and Regulations of the State of Georgia › Department 189 - RULES OF STATE ETHICS COMMISSION › Chapter 189-2 - PRACTICE AND PROCEDURE › Rule 189-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
The following words and terms as used in these rules shall have
				the meaning hereinafter ascribed to them or as set forth in O.C.G.A. §
								21-5 et seq.:
(1) "Advisory Opinion" an opinion issued by
			 the Commission pursuant to its authority under O.C.G.A. §
								21-5-6(b)(13).
			 The provision of information or advice by Commission staff in response to
			 questions shall not constitute an "advisory opinion" in terms of the law unless
			 such information or advice is formally adopted by the Commission pursuant to
			 O.C.G.A. §
								21-5-6(b)(13).
(2) "Complainant" a person who files a
			 written complaint alleging a violation of one or more laws under the
			 jurisdiction of the Georgia Government Transparency and Campaign Finance
			 Commission.
(3) "Compliance Order"
			 a written document wherein the Commission and the Respondent agree and consent
			 to terms which may include findings of fact, conclusions of law, cease and
			 desist language, remedial action to be taken, oral or written statements to be
			 made or issued, prohibition of actual or threatened violations, the ordering of
			 actions necessary to correct cited deficiencies and a waiver of any appeal
			 rights.
(4) "Consent Order" a
			 written document wherein the Commission and the Respondent agree and consent to
			 terms which shall include admissions of violations by the Respondent, findings
			 of fact; conclusions of law, cease and desist language, imposition of civil
			 penalties, late filing fees, and/or administrative fees and which may include,
			 among other things, remedial actions to be taken, oral or written statements to
			 be made or issued, prohibition of actual or threatened violations, or the
			 ordering of actions necessary to correct cited deficiencies and a waiver of any
			 appeal rights. Consent Orders must be signed by the Respondent and received by
			 the Commission staff not later than seven (7) days prior to the date the case
			 is scheduled to be heard before the Commission, unless the Executive Secretary
			 has approved an extension of time.
(5) "Contested Case" a case that will proceed
			 to an administrative hearing in accordance with the Georgia Administrative
			 Procedure Act following a finding that there are reasonable grounds to believe
			 that the Georgia Government Transparency and Campaign Finance Act or other
			 statute under the jurisdiction of the Commission has been violated.
(6) "Credit Received on Loan" a contribution
			 received by a candidate or campaign committee for the forgiveness of a loan
			 and/or a portion of an outstanding loan carried by the candidate or campaign
			 committee.
(7) "Deferred Payment"
			 an expenditure for the payment of anything of value which is received by,
			 provided to, furnished to, or conveyed to/or on behalf of a candidate or a
			 campaign committee that was previously reported on a prior or current Campaign
			 Contribution Disclosure Report for the time period in which the thing of value
			 was provided.
(8) "End Recipient"
			 the person or entity paid for providing goods or services to benefit a
			 candidate, officeholder, or campaign committee regardless of whether such
			 payment is arranged, passed through, or paid by a third party or agent for the
			 candidate, officeholder, or campaign committee.
(9) "Frivolous Complaint" a complaint that
			 lacks a Legal Basis, Legal Merit, or factual basis to support the allegations
			 in said complaint, as alleged by the Complainant, that the Respondent violated
			 the Georgia Government Transparency & Campaign Finance Act.
(10) "Good Faith" a state of mind consisting
			 in (1) honesty in belief or purpose, (2) faithfulness to one's duty or
			 obligation, or (3) absence of intent to defraud or to seek unconscionable
			 advantage.
(11) "Hearing" a
			 proceeding before the Commission or its designated hearing officer for either
			 the consideration of a modification or a change in existing rules, or for an
			 adjudication of issues presented in a contested case, at which all parties at
			 interest are afforded an opportunity to present testimony, documentary evidence
			 and arguments, as to the matter under consideration.
(12) "Hearing Officer" an individual
			 designated by the Commission for the purpose of presiding over a hearing as
			 herein defined.
(13) "In-kind
			 expenditure" an expenditure of any goods or services for which a candidate or
			 campaign committee did not extend payment to an end-recipient for the goods or
			 services provided, but for which the campaign received the use / benefit of
			 said goods or services (
e.g.
, A computer is loaned to the
			 campaign and the computer is returned to the donor upon the conclusion of the
			 campaign).
(14) "Independent
			 Expenditure" a political campaign communication that expressly advocates the
			 election or defeat of a clearly identified candidate that is not made in
			 cooperation, consultation, or concert with or at the request or suggestion of a
			 candidate or candidate's authorized committees.
(15) "Legal Basis" a legal principle or
			 statute which constitutes the basis for the claim that the Respondent violated
			 the Georgia Government Transparency & Campaign Finance Act.
(16) "Legal Merit" an argument that is
			 supported by a legal principle or statute, that is advanced by the Complainant
			 in Good Faith, that constitutes the basis for the claim that the Respondent
			 violated the Georgia Government Transparency & Campaign Finance
			 Act.
(17) "Loan Repayment" an
			 expenditure made by a candidate or campaign committee to retire or reduce any
			 outstanding loan carried by the candidate or campaign committee. Any such
			 expenditure must note and itemize which loan the payment is being applied to
			 (
e.g.,
2012 General Election Loan $500.00; and, 2012 Primary
			 Election Loan $1,000.00).
(18)
			 "Local Filing Officer" a local filing officer is any person who supervises
			 and/or qualifies local officials for election to county and/or municipal
			 offices, said term shall include, but not be limited to, all county election
			 superintendents, municipal clerks, and chief executive officers of
			 municipalities.
(19) "Notice of
			 Hearing" a written statement of the substance of a specific charge alleging
			 violation of the statute, rule, or regulation to be considered at a hearing to
			 the person or party affected thereby, or of the substance of a proposed rule to
			 be considered, which will afford actual notice to all interested persons.
			 Notice shall be given in accordance with the Georgia Administrative Procedure
			 Act.
(20) "Preliminary Hearing" a
			 proceeding before the Commission for the purpose of deciding if there are
			 reasonable grounds to believe that the Georgia Government Transparency and
			 Campaign Finance Act or other statute under the jurisdiction of the Commission
			 has been violated, or if there are reasonable grounds to believe there has been
			 a failure to comply with any rule or regulation promulgated by the Commission,
			 and if the matter should be set down for a "Hearing" for the purpose of
			 determining whether a violation of the Georgia Government Transparency and
			 Campaign Finance Act or other statute within the jurisdiction of the Commission
			 and whether any sanctions should be imposed should a violation be found. This
			 term also specifically includes hearings held pursuant to the issuance of an
			 Administrative Subpoena.
(21)
			 "Refund" any contribution (either cash or in-kind) which is returned by a
			 candidate or campaign committee to the original donor and not expended for
			 campaign purposes. A refund must be made in full to the donor making a
			 contribution if the campaign is refunding a single contribution; or pro rata to
			 all donors if the campaign is being terminated and excess funds must be
			 disposed of. All funds contributed to any candidate or campaign committee are
			 not personal assets of the candidate or committee and can only be disposed of
			 by refund to the donor(s) or transfer in accordance with O.C.G.A. §
								21-5-33.
(22) "Respondent" a person against whom a
			 complaint is filed or who has been added as such by the Commission at a
			 preliminary hearing based on a finding of reasonable grounds to believe that a
			 violation of the Georgia Government Transparency and Campaign Finance Act has
			 occurred; or a person who has been named a Respondent by the Commission by
			 virtue of a finding of probable cause to open an investigation.
(23) "Rule" any regulation, standard, or
			 statement of general or particular applicability that implements, interprets,
			 or prescribes law or policy, or describes the organization, procedure, or
			 practice requirements of the Commission.
(24) "Substantial Compliance" the requirement
			 that all reports submitted pursuant to the Georgia Government Transparency and
			 Campaign Finance Act be at least 90% compliant with respect to technical
			 defects.
(25) "Technical Defect" an
			 inadvertent or scrivener's error in the preparation or making of a filing with
			 the Commission or with a local filing officer. "Technical defects" include such
			 mistakes as showing incorrectly or failing to show a date, a contributor's
			 occupation, an address, an email address or an employer, or other similar
			 errors. Accounting errors constitute technical defects if they include obvious
			 errors in addition or subtraction. The failure to list or show the disposition
			 of a contribution is not an accounting error that constitutes a "technical
			 defect."
O.C.G.A.
				§§
										21-5-6,
				21-5-7,
				21-5-7.1,
				21-5-34.