[Federal Register Volume 75, Number 138 (Tuesday, July 20, 2010)]
[Notices]
[Pages 42088-42089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17646]
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FEDERAL ELECTION COMMISSION
[Notice 2010-13]
Policy Statement Establishing a Pilot Program for Requesting
Consideration of Legal Questions by the Commission
AGENCY: Federal Election Commission.
ACTION: Policy statement.
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SUMMARY: The Federal Election Commission (``Commission'') is adopting a
new pilot program for a procedure to provide a means for persons and
entities to have a legal question considered by the Commission earlier
in both the report review process and the audit process.
DATES: Effective July 20, 2010.
FOR FURTHER INFORMATION CONTACT: Mr. Lawrence Calvert, Jr., Associate
General Counsel, or Lorenzo Holloway, Assistant General Counsel, 999 E
Street, NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Commission is adopting a new procedure
to provide a means for persons and entities to have a legal question
considered by the Commission earlier in both the report review process
and the audit process. Specifically, when the Office of Compliance
(``OC'') (which includes the Report Analysis Division and the Audit
Division) requests that a person or entity take corrective action
during the report review or audit process, if the person or entity
disagrees with the request based upon a material dispute on a question
of law, the person or entity may seek Commission consideration of the
issue pursuant to this procedure.
I. Procedures
Within 15 days of a determination by the Reports Analysis Division
or Audit Division that a person or entity remains obligated to take
corrective action to resolve an issue that has arisen during the report
review or audit process, the person or entity may seek Commission
consideration if a material dispute on a question of law exists with
respect to the recommended corrective action.\1\
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\1\ Many disputes involving corrective action requests hinge on
questions of fact rather than questions of law, and thus are not
appropriate for this procedure.
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Any request for consideration by a committee during the report
review process or the audit process shall be limited to questions of
law on material issues, when: (1) The legal issue is novel, complex, or
pertains to an unsettled question of law; (2) there has been
intervening legislation, rulemaking, or litigation since the Commission
last considered the issue; or (3) the request is contrary to or
otherwise inconsistent with prior Commission matters dealing with the
same issue. The request must specify the question of law at issue and
why it is subject to Commission consideration. It should discuss, when
appropriate, prior Commission matters raising the same issue, relevant
court decisions, and any other analysis of the issue that may assist
the Commission in its decision-making. The Commission will not consider
factual disputes under this procedure, and any requests for
consideration other than on questions of law on material issues will
not be granted.
[[Page 42089]]
All requests should be directed to the Commission Secretary,
Federal Election Commission, 999 E Street, NW., Washington, DC 20463.
Upon receipt of such a request, the Commission Secretary shall forward
a copy to each Commissioner, the General Counsel, and the Staff
Director. Within five business days of notification to the
Commissioners, if two or more Commissioners agree that the Commission
should consider the issue, the Office of General Counsel (``OGC'') will
prepare a recommendation and, within 15 business days thereafter,
circulate the recommendation in accordance with all applicable
Commission directives. After the recommendation is circulated for a
Commission vote, in the event of an objection, the matter shall be
automatically placed on the next meeting agenda consistent with the
Sunshine Act, 5 U.S.C. 552b(g), and applicable Commission regulations,
11 CFR part 2. However, if within 60 business days of the filing of a
request for consideration, the Commission has not resolved the issue or
provided guidance on how to proceed with the matter by the affirmative
vote of four or more Commissioners, the OC may proceed with the matter.
This procedure is not intended to circumvent or supplant the
Advisory Opinion process provided under 2 U.S.C. 437f and 11 CFR part
112. Accordingly, any legal issues that qualify for consideration under
the Advisory Opinion process are not appropriate for consideration
under this new procedure. Additionally, this policy statement does not
supersede the procedures regarding eligibility and entitlement to
public funds set forth in Commission Directive 24 and 11 CFR 9005.1,
9033.4, 9033.6, or 9033.10.
II. Pilot Program
This agency procedure is being established as a pilot program. The
pilot program will last one year from the time that this policy is
approved. After one year, a vote will be scheduled on whether the
program should continue. Four affirmative votes will be required to
extend or make permanent the program. The program will be terminated
after that vote if there are not four affirmative votes to make the
program permanent or to extend it for some time period. The Commission
may terminate or modify this pilot program through additional policy
statements prior to the twelfth month of the pilot program by an
affirmative vote of four of its members.
Dated: July 15, 2010.
On behalf of the Commission.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2010-17646 Filed 7-19-10; 8:45 am]
BILLING CODE 6715-01-P