Missouri Code of State Regulations › Title 1 - OFFICE OF ADMINISTRATION › Division 50 - Missouri Ethics Commission › Chapter 3 - Late Fee › Section 1 CSR 50-3.010 - Late Fee

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This amendment conforms to section 105.963.7. SB844
				  passed by the 95th General Assembly amended the procedure by which late fee
				  appeals may be appealed per section 105.963.7. Because Senate Bill 844 was
				  declared unconstitutional as a violation of the original purpose requirement of
				  Art. III, Sec. 21, of the Missouri Constitution, this amendment makes the rule
				  consistent with the statute as it existed prior to the passage of SB 844.
				  Legends Bank v. State, 361 S.W.3d 383 (Mo. Banc 2012). The amendment further
				  clarifies the process for late fee appeals and the consideration of these
				  appeals by the commission.
(1) When
				the executive director assesses a late filing fee against a candidate committee
				for failure to timely file a campaign finance disclosure report, the candidate,
				candidate committee treasurer, or candidate committee deputy treasurer, as
				provided by section 105.963.7, RSMo, may make a written appeal of late filing
				fees assessed by the executive director of the Missouri Ethics
				Commission.
(2) Any candidate,
				candidate committee treasurer, or deputy treasurer shall file the written
				appeal with the commission within ten (10) days of the receipt of notice of the
				assessment of the late filing fee and shall set forth in writing the reasons
				for the appeal, including the facts which are alleged to constitute good cause
				for the failure to timely file the report.
(3) Failure to timely file an appeal under
				the requirements of section (2) of this rule shall waive the right to appeal
				the late fee assessment in question before the commission.
(4) The sole issue of the appeal shall be
				whether the failure to timely file a campaign finance disclosure report was due
				to good cause as determined by the commission.
(5) When the executive director receives an
				appeal, the director shall include such appeal on the agenda of a future
				commission meeting and shall provide written notice to the party bringing the
				appeal of the date and time of such meeting. The executive director shall have
				discretion in scheduling the commission's consideration of the
				appeal.
(6) The director may
				contact the party filing the appeal to obtain additional background on the
				appeal. When the director places the appeal on the commission agenda, the
				director shall also make a recommendation to the commission regarding the
				appeal.
(7) The commission shall
				consider the written appeal at a meeting of the commission. The party bringing
				the appeal shall have the opportunity to appear before the commission upon
				filing a written request with the commission no less than two (2) business days
				before the scheduled meeting. At the commission's discretion, the party timely
				filing the written request to appear may appear by telephone or, if the
				commission is conducting an in-person meeting, the commission may allow the
				party to appear in person.
(8) The party
				requesting an appeal of a late fee assessment may be represented by an
				attorney.
(9) Notice of the commission's consideration of the
				appeal, including place, date, and time, shall be sent concurrently to the
				person requesting an appeal of a late fee assessment and to any attorney of
				record.
(10) If the party filing an appeal has previously and
				timely filed a written request to appear at a meeting of the commission under
				section (7) of this rule, the commission may grant a continuance upon receiving
				a written request by the party filing the appeal.
(11) After considering
				the appeal, the commission shall render a final decision. The executive
				director shall send a copy of the commission's decision to the party who
				requested the appeal or, if an attorney is on record as representing the
				appealing party, the executive director shall send a copy of the commission's
				decision to the attorney of record.
*Original authority: 105.955, RSMo 1991, amended 1994,
					 1995, 1996, 1997, 1999, 2010.