[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR111.36]

[Page 153]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 111--COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a))--Table of Contents
 
                     Subpart B--Administrative Fines
 
Sec. 111.36  Who will review the respondent's written response?

    (a) A reviewing officer shall review the respondent's written 
response. The reviewing officer shall be a person who has not been 
involved in the reason to believe finding.
    (b) The reviewing officer shall review the reason to believe finding 
with supporting documentation and the respondent's written response with 
supporting documentation. The reviewing officer may request supplemental 
information from the respondent and/or the Commission staff. The 
respondent shall submit the supplemental information to the reviewing 
officer within a time specified by the reviewing officer. The reviewing 
officer will be entitled to draw an adverse inference from the failure 
by the respondent to submit the supplemental information.
    (c) All documents required to be submitted by the respondents 
pursuant to this section and Sec. 111.35 should be submitted in the form 
of affidavits or declarations.
    (d) If the Commission staff, after the respondent files a written 
response pursuant to Sec. 111.35, forwards any additional documents 
pertaining to the matter to the reviewing officer for his or her 
examination, the reviewing officer shall also furnish a copy of the 
document(s) to the respondents.
    (e) Upon completion of the review, the reviewing officer shall 
forward a written recommendation to the Commission along with all 
documents required under this section and 11 CFR 111.32 and 111.35.
    (f) The reviewing office shall also forward a copy of the 
recommendation to the respondent. The respondent may file with the 
Commission Secretary a written response to the recommendation within ten 
(10) days of transmittal of the recommendation. This response may not 
raise any arguments not raised in the respondent's original written 
response or not directly responsive to the reviewing officer's 
recommendation.