Oregon Administrative Rules › Chapter 165 - SECRETARY OF STATE, ELECTIONS DIVISION › Division 12 - CAMPAIGN FINANCE REGULATIONS › Section 165-012-0530 - Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of assessing civil penalties in connection with violations of ORS
			 260.281, and these administrative rules OAR 165-012-0500  through 165-012-0530,
			 the Authorized Representative identified on the SEL 240 form shall be
			 financially responsible for those civil penalties.
(2) Civil penalties assessed in connection
			 with violations of ORS 260.281 and these administrative rules OAR 165-012-0500  through 165-012-0530, may be assessed during the Election Cycle and are not
			 required to be held in abeyance until the end of an Election Cycle.
(3) Subject to the cap set out in ORS
			 260.285, civil penalties assessed in connection with violations of ORS 260.281 and these administrative rules OAR 165-012-0500  through 165-012-0530), for late
			 filings of initial donor identification list(s) shall be 2.5% of the total cost
			 for political communications made by the covered organization for the
			 applicable race, measure, or committee for each business day that the filing
			 was late. The penalty will be calculated based on the total cost of political
			 communications made by the covered organization for the applicable race,
			 measure, or committee from the beginning of the election cycle up to the date
			 the initial donor identification list was due.
(4) Subject to the cap set out in ORS
			 260.285, civil penalties assessed in connection with violations of ORS 260.281 and these administrative rules (OAR 165-012-0500  through 165-012-0530) for late
			 filings of updated donor identification list(s) shall be .5% per day of the
			 aggregate donations not properly identified by the covered organization for the
			 applicable race, measure, or committee for each business day that the filing
			 was late.
(5) For an initial or
			 updated donor identification list that is amended after the due date to change
			 the name of a donor resulting in a different donor, subject to the cap set out
			 in ORS 260.285, the civil penalties assessed shall be .5% per day of the total
			 donations received from donors whose names were not correctly identified for
			 each business day that the filing was late.
(6) For an initial or updated donor
			 identification list that is amended after the due date to change the amount of
			 a previously reported donation, subject to the cap set out in ORS 260.285, the
			 civil penalties assessed shall be .5% per day of the net change or .5% of the
			 updated amount, whichever is less, for each business day that the filing was
			 late.
(7) For an initial or updated
			 donor identification list that is amended after the due date to add a new
			 donor, subject to the cap set out in ORS 260.285, the civil penalties assessed
			 shall be .5% per day of the total donations received from all donors whose
			 donations were not correctly identified on the initial or updated donor
			 identification list for each business day that the filing was late.
(8) For an initial or updated donor
			 identification list that is amended after the due date to remove a previously
			 identified donor, subject to the cap set out in ORS 260.285, the civil
			 penalties assessed shall be $100.00 for each donor that was removed.
(9) The administrative rules set out in OAR
			 Chapter 165, Division 1 shall apply to hearings requested and held related to
			 civil penalties assessed for violations of ORS 260.281 and these administrative
			 rules OAR 165-012-0050  through 165-012-0530. In the event a potential conflict,
			 ORS 260.285 and these administrative rules OAR 165-012-0050  through
			 165-012-0530  will control.
(10) For
			 purposes of requesting a hearing in conjunction with penalty notices issued for
			 violations of ORS 260.281 and these administrative rules OAR 165-012-0050  through 165-012-0530, unless otherwise reflected in the record or in USPS
			 information, notices shall be deemed received by the person against whom the
			 penalties were assessed three days after mailing if mailed to a last known
			 address within the state, or seven days after mailing if mailed to a last known
			 address outside the state.
(11) If
			 a hearing is requested, it will be held as provided by ORS 260.285, which is
			 not later than 45 calendar days after the deadline for requesting a hearing. A
			 15 calendar-day extension may be granted if requested in writing by the person
			 subject to the civil penalty.
(12)
			 A request for hearing must be made by using the Hearing Request Form provided
			 by the Secretary of State's Office, Elections Division. The Hearing Request
			 Form, and testimony (if applicable) may be mailed, faxed, or attached to an
			 email sent to orestar-support.sos@oregon.gov.
(13) Proposed Civil Penalties assessed
			 pursuant to ORS 260.285 may only be mitigated as follows:
(a) The lateness or insufficiency of an
			 initial or updated donor list is the direct result of clearly-established
			 fraud, embezzlement, or other criminal activity against the Covered
			 Organization, or Authorized Representative of a Covered Organization, as
			 determined in a criminal or civil action in a court of law or independently
			 corroborated by a report of a law enforcement agency or insurer, or the sworn
			 testimony or affidavit of an accountant or bookkeeper or the person who
			 actually engaged in the criminal activity.
(A)
			 This mitigating circumstance does not apply to any person who was the
			 perpetrator of the wrongdoing described above.
(B) If the criminal or civil action in a
			 court of law results in a monetary judgment (including restitution) in favor of
			 the Covered Organization or the Authorized Representative of a Covered
			 Organization the Elections Division civil penalty must be paid if the judgment
			 is collected.