[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: 11CFR9038.7]

[Page 376-377]
 
                       TITLE 11--FEDERAL ELECTIONS
 
                 CHAPTER I--FEDERAL ELECTION COMMISSION
 
PART 9038_EXAMINATIONS AND AUDITS--Table of Contents
 
Sec.  9038.7  Administrative record.

    (a) The Commission's administrative record for final determinations 
under 11 CFR part 9033, sections 9034.5, 9036.5 and part 9039, and for 
repayment determinations under 11 CFR 9038.2, consists of all documents 
or materials submitted to the Commission for its consideration in making 
those determinations. The administrative record will include the 
certification of the Commission's vote(s), the audit report that is sent 
to the committee (for repayment determinations), the statement(s) of 
reasons, and the candidate agreement. The committee may include 
documents or materials in the administrative record by submitting them 
within the time periods set forth at 11 CFR 9033.3(b), 9033.4(a)(2), 
9033.6(c), 9033.7(b), 9033.9(b), 9034.5(g)(2), 9036.5(e), 9038.1(c) and 
9038.2(c)(2), as appropriate.
    (b) The Commission's administrative record for determinations under 
11 CFR part 9033, sections 9034.5, 9036.5 and 9038.2 and part 9039 does 
not include:
    (1) Documents and materials in the files of individual Commissioners 
or employees of the Commission that do not constitute a basis for the 
Commission's decisions because they were not circulated to the 
Commission and were not referenced in documents that were circulated to 
the Commission;
    (2) Transcripts or audio tapes of Commission discussions other than 
transcripts or audio tapes of oral hearings pursuant to 11 CFR 
9038.2(c)(2), although such transcripts or tapes may be made available 
under 11 CFR parts 4 or 5; or
    (3) Documents properly subject to privileges such as an attorney-
client privilege, or items constituting attorney work product.
    (c) The administrative record identified in paragraph (a) of this 
section is the exclusive record for the Commission's determinations 
under 11 CFR

[[Page 377]]

part 9033, Sec. Sec.  9034.5, 9036.5 and 9038.2 and part 9039.

[60 FR 31888, June 16, 1995]