[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: 11CFR111.37]

[Page 197]
 
                       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.  111.37  What will the Commission do once it receives the respondent's 

written response and the reviewing officer's recommendation?

    (a) If the Commission, after having found reason to believe and 
after reviewing the respondent's written response and the reviewing 
officer's recommendation, determines by an affirmative vote of at least 
four (4) of its members, that the respondent has violated 2 U.S.C. 
434(a) and the amount of the civil money penalty, the Commission shall 
authorize the reviewing officer to notify the respondent by letter of 
its final determination.
    (b) If the Commission, after reviewing the reason to believe 
finding, the respondent's written response, and the reviewing officer's 
written recommendation, determines by an affirmative vote of at least 
four (4) of its members, that no violation has occurred, or otherwise 
terminates its proceedings, the Commission shall authorize the reviewing 
officer to notify the respondent by letter of its final determination.
    (c) The Commission will modify the proposed civil money penalty only 
if the respondent is able to demonstrate that the amount of the proposed 
civil money penalty was calculated on an incorrect basis.
    (d) The Commission may determine, by an affirmative vote of at least 
four of its members, that a violation of 2 U.S.C. 434(a) has occurred 
but waive the penalty because the respondent has convincingly 
demonstrated the existence of extraordinary circumstances that were 
beyond the respondent's control and that were for a duration of at least 
48 hours. The Commission shall authorize the reviewing officer to notify 
the respondent by letter of its final determination.