[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR9033.10]

[Page 334-335]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9033_ELIGIBILITY FOR PAYMENTS--Table of Contents
 
Sec.  9033.10  Procedures for initial and final determinations.

    (a) General. The Commission will follow the procedures set forth in 
this section when making an initial or final determination based on any 
of the following reasons.
    (1) The candidate has knowingly and substantially exceeded the 
expenditure limitations of 11 CFR part 9035 prior to the candidate's 
application for certification, as provided in 11 CFR 9033.3;
    (2) The candidate has failed to satisfy the matching payment 
threshold requirements, as provided in 11 CFR 9033.4;
    (3) The candidate is no longer actively seeking nomination in more 
than one state, as provided in 11 CFR 9033.6;
    (4) The candidate is an active candidate in an upcoming primary 
despite the candidate's assertion to the contrary, as provided in 11 CFR 
9033.7;
    (5) The Commission receives information indicating that the 
candidate has knowingly and substantially failed to comply with the 
disclosure requirements or exceeded the expenditure limits, as provided 
in 11 CFR 9033.9; or
    (6) The Commission receives information indicating that substantial 
assets of the candidate's authorized committee have been undervalued or 
not included in the candidate's statement of net outstanding campaign 
obligations or that the amount of outstanding campaign obligations has 
been otherwise overstated in relation to committee assets, as provided 
in 11 CFR 9034.5(g).

[[Page 335]]

    (b) Initial determination. If the Commission makes an initial 
determination that a candidate may not receive matching funds for one or 
more of the reasons indicated in 11 CFR 9033.10(a), the Commission will 
notify the candidate of its initial determination. The notification will 
give the legal and factual reasons for the determination and advise the 
candidate of the evidence on which the Commission's initial 
determination is based. The candidate will be given an opportunity to 
comply with the requirements at issue or to submit, within the time 
provided by the relevant section as referred to in 11 CFR 9033.10(a), 
written legal or factual materials to demonstrate that the candidate has 
satisfied those requirements. Such materials may be submitted by counsel 
if the candidate so desires.
    (c) Final determination. The Commission will consider any written 
legal or factual materials timely submitted by the candidate before 
making its final determination. A final determination that the candidate 
has failed to satisfy the requirements at issue will be accompanied by a 
written statement of reasons for the Commission's action. This statement 
will explain the legal and factual reasons underlying the Commission's 
determination and will summarize the results of any investigation upon 
which the determination is based.
    (d) Effect on other determinations. If the Commission makes an 
initial determination under this section, but decides to take no further 
action at that time, the Commission may use the legal and factual bases 
on which the initial determination was based in any future repayment 
determination under 11 CFR part 9038 or 9039. A determination by the 
Commission under this section may be independent of any Commission 
decision to institute an enforcement proceeding under 2 U.S.C. 437g.
    (e) Petitions for rehearing. Following a final determination under 
this section, the candidate may file a petition for rehearing in 
accordance with 11 CFR 9038.5(a).