[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR111.35]

[Page 196]
 
                       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.  111.35  If the respondent decides to challenge the alleged violation or 

proposed civil money penalty, what should the respondent do?

    (a) Within forty (40) days of the Commission's reason to believe 
finding, the respondent shall submit to the Commission a written 
response.
    (b) The written response shall contain the following:
    (1) Reason(s) why the respondent is challenging the reason to 
believe finding and/or civil money penalty which may consist of:
    (i) The existence of factual errors; and/or
    (ii) The improper calculation of the civil money penalty; and/or
    (iii) The existence of extraordinary circumstances that were beyond 
the control of the respondent and that were for a duration of at least 
48 hours and that prevented the respondent from filing the report in a 
timely manner;
    (2) The factual basis supporting the reason(s); and
    (3) Supporting documentation.
    (4) Examples of circumstances that will not be considered 
extraordinary include, but are not limited to, the following:
    (i) Negligence;
    (ii) Problems with vendors or contractors;
    (iii) Illness, inexperience, or unavailability of staff, including 
the treasurer;
    (iv) Computer failures (except failures of the Commission's 
computers); and
    (v) Other similar circumstances.

[65 FR 31794, May 19, 2000, as amended at 68 FR 12577, Mar. 17, 2003]