[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2008]
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 (either because 
the Commission had based its reason to believe finding on a factual 
error or because the respondent used best efforts to file in a timely 
manner) 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) When the Commission makes a final determination under this 
section, the statement of reasons for the Commission action will, unless 
otherwise indicated by the Commission, consist of the reasons provided 
by the reviewing officer for the recommendation, if approved by the 
Commission, although statements setting forth additional or different 
reasons may also be issued. If the reviewing officer's recommendation is 
modified or not approved, the Commission will indicate the grounds for 
its action and one or more statements of reasons may be issued.

[65 FR 31794, May 19, 2000, as amended at 72 FR 14668, Mar. 29, 2007]