Kansas Administrative Regulations › Agency 19 - GOVERNMENTAL ETHICS COMMISSION › Article 4 - NONCOMPLIANCE WITH FILING PROVISIONS › Section 19-4-1 - Campaign finance notice of failure to file and notice of errors or omissions

Current through Register Vol. 43, No. 28, July 11, 2024
(a) The executive director shall, as soon as practicable, serve
				notice as provided in K.A.R. 19-1-8 on any treasurer who has failed to file a
				receipts and expenditures report on the due date. A copy of the notice shall be
				promptly transferred to the office of the secretary of state for inclusion in
				the public record of the person or committee the treasurer represents and shall
				also be sent to the appropriate candidate or chairperson by first class mail.
				Any treasurer shall, within five (5) days of the date of service, file the
				required report with the office of the secretary of state.
(b) The executive director shall, as soon as practicable, serve
				notice on any treasurer whose receipts and expenditures report contains
				material errors or omissions. A copy of the notice shall be promptly
				transferred to the office of the secretary of state for inclusion in the public
				record of the person or committee the treasurer represents and shall also be
				sent to the appropriate candidate or chairperson by first class mail. Any
				treasurer shall, within thirty (30) days of the date of service, file an
				amended report correcting the material errors or omissions with the office of
				the secretary of state. The executive director may serve additional notices on
				any treasurer concerning these reports or amendments. The procedures for
				original notices shall control the process in regard to additional notices.
(c) Upon service of this notice, the treasurer may contact the
				executive director for guidance or clarification concerning the material error
				or omission. If substantial issues remain unresolved after that conference, the
				treasurer may, within ten (10) days, request a hearing before the commission
				concerning the material errors or omissions. This hearing shall be conducted
				pursuant to K.A.R. 19-7-1 through 19-7-16, to the extent that the section is
				applicable, at the next regularly scheduled commission meeting unless a
				continuance is granted by the chairperson. Notice of the date of hearing shall
				be served on the treasurer. The determination of the hearing commissioners
				shall be final. Failure to request the hearing or failure to attend the hearing
				without just cause shall constitute an admission of the validity of the
				determination of the material errors or omissions.
(d) The executive director may, upon the filing by a treasurer
				of a report as required by this section, notify the office of the secretary of
				state that the treasurer has complied with the requirements of any notice
				served upon the treasurer. This notice shall be included in the public record
				of the person or committee the treasurer represents. This notice shall not be
				construed as affecting any matter other than the matter to which it is
				addressed.
(e) In any case where a complaint may be filed, notice provided
				for by this section is not a prerequisite for pursuing a complaint.