Washington Administrative Code › Title 390 - Public Disclosure Commission › Chapter 390-37 - Enforcement rules › Section 390-37-182 - Penalty factors (full adjudicatory proceedings)

Current through Register Vol. 24-14, July 15, 2024
(1) In assessing a penalty after a full
			 adjudica-tory proceeding, the commission considers the purposes of chapter
			 42.17A RCW, including the public's right to know of the financing of political
			 campaigns, lobbying and the financial affairs of elected officials and
			 candidates as declared in the policy of
			 RCW
			  42.17A.001; and, promoting compliance with
			 the law. The commission also considers and applies
			 RCW
			  42.17A.755 and may consider any of the
			 additional factors described in subsection (3) of this section.
(2) Under
			 RCW
			  42.17A.755, the commission:
(a) May waive a penalty for a first-time
			 violation;
(b) Must assess a
			 penalty for a second violation by the same person or individual, regardless if
			 the person or individual committed the violation for a different political
			 committee;
(c) Must assess
			 successively increased penalties for succeeding violations pursuant to the
			 following schedule:
Violations:
Respondent failed to file or timely file
						an accurate or complete: (1) Statement of Financial Affairs (F-1 report) / (2)
						Candidate Registration / (C-1 report) / (3) Lobbyist Monthly Expense Report
						(L-2 report) / (4) Lobbyist Employer Annual Report (L-3 report) and (5) Local
						Treasurer's Annual Report (T-1 report).
1st Occasion
2nd Occasion
3rd Occasion
Filed missing report after being notified about the
						complaint and provided written explanation with mitigating circumstances.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Report is filed late and is incomplete or inaccurate.
$0 - $1,000
$1,000 - $2,000
$2,000 - $3,000
Respondent failed to file or timely file
						accurate and complete campaign disclosure reports:
Cash Receipts Monetary Contributions Report
						(C-3 report)
Filed missing C-3 report or amended C-3 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to timely deposit monetary contributions within
						five business days of receipt.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to include employer and occupation information for
						contributors of more than $100.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Campaign Summary Receipts and Expenditures
						Report (C-4 report)
Filed missing C-4 report or amended C-4 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to properly report the "purpose" of an expenditure
						under
						RCW
						 42.17A.240(6) or
						42.17A.255(5)(b).
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to properly report expenditures made on behalf of a
						candidate or political committee by any person, agency, firm, organization,
						etc.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to report a contractual contingent liability.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to properly dispose of surplus funds.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Failed to properly make campaign books of account
						available for public inspection as required immediately preceding the date of
						an election.
$0 - $1,500
$1,500- $2,500
$2,500 - $10,000
Independent Expenditure Report (C-6 report)
Filed missing C-6 report or amended C-6 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Report is filed late and is incomplete or inaccurate.
$0 - $1,500
$1,500 - $2,500
$2,500 - $10,000
Out-of-State Political Committee Report (C-5
						report)
Filed missing C-5 report or amended C-5 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Last Minute Contribution Report (LMC report)
Filed missing LMC report or amended LMC report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Exceeding contribution limits
Refunded contributions after being notified of the
						complaint, over limit contributions were not significant, and respondent
						provided written explanation with mitigating circumstances.
$0 - $1,500
$1,500 - $2,500
$2,500 - $10,000
Other Alleged Violations:
Exceeding mini reporting threshold
Filed C-3 and C-4 reports for full reporting after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Failure to file electronically
Filed C-3 and C-4 reports electronically after being
						notified about the complaint, and provided written explanation with mitigating
						circumstances.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Use of public facilities for the purpose of
						assisting a campaign for the election of any person to any office, or for the
						promotion of or opposition to any ballot proposition
Use of public facilities was incidental and isolated, and
						evidence was not submitted indicating that the use may have affected the
						outcome of the election.
$0 - $1,000
$1,000 - $2,000
$2,500 - $10,000
Failure to File Lobbyist Registration Report
						(L-1 report)
Filed missing L-1 report after being notified about the
						complaint and provided written explanation with mitigating circumstances.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Failure to File Agency Lobbying Report (L-5
						report)
Filed missing L-5 report or amended L-5 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Grassroots Lobbying Report (L-6 report)
Filed missing L-6 report or amended L-6 report after being
						notified about the complaint and provided written explanation with mitigating
						circumstances.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Sponsor identification requirements for
						political advertising
Political advertising failed to include any sponsor
						identification or included improper or misleading sponsor identification.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Party preference requirement for political
						advertising
Political advertising failed to include a candidate's
						party preference.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Use of current picture requirement in
						political advertising
Political advertising fails to include at least one
						picture of the candidate used in the advertising that was taken within the last
						five years, that is no smaller than any other picture of the same candidate
						used in the same advertisement.
$0 - $500
$500 - $1,000
$1,000 - $1,500
Political advertising or electioneering
						communication-Libel or defamation per se
Political advertising or an electioneering communication
						that contains a false statement of material fact about a candidate for public
						office.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Political advertising or an electioneering communication
						that falsely represents that a candidate is the incumbent for the office sought
						when in fact the candidate is not the incumbent.
$0 - $500
$500 - $1,500
$1,500 - $2,500
Political advertising or an electioneering communication
						that makes either directly or indirectly, a false claim stating or implying the
						support or endorsement of any person or organization when in fact the candidate
						does not have such support or endorsement.
$0 - $600
$600 - $1,200
$1,200 - $2,400
Commercial advertisers-Public inspection of
						documents
Commercial advertisers who after accepting or providing
						political advertising or electioneering communications during an election
						campaign fail to maintain records and books of account, or make such
						information available by the methods provided under WAC
						390-18-050.
$0 - $600
$600 - $1,200
$1,200 - $2,400
Candidates and political committees-Public
						inspection of books of account
Candidates or political committees who fail to accommodate
						requests for public inspections as required by WAC
						390-16-043.
$0 - $600
$600 - $1,200
$1,200 - $2,400
Limitations on employers or labor
						organizations
Failed to maintain open for public inspection, during
						normal business hours, documents and books of accounts showing a copy of each
						employee's request for funds to be withheld for transfer to a political
						committee.
$0 - $600
$600 - $1,200
$1,200 - $2,400