[Code of Federal Regulations]
[Title 11, Volume 1]
[Revised as of January 1, 2009]
From the U.S. Government Printing Office via GPO Access
[CITE: 11CFR111.35]

[Page 196-197]
 
                       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. 111.35  If the respondent decides to challenge the alleged 
violation or proposed civil money penalty, what should the 

respondent do?

    (a) To challenge a reason to believe finding or proposed civil money 
penalty, the respondent must submit a written response to the Commission 
within forty (40) days of the Commission's reason to believe finding.
    (b) The respondent's written response must assert at least one of 
the following grounds for challenging the reason to believe finding or 
proposed civil money penalty:
    (1) The Commission's reason to believe finding is based on a factual 
error including, but not limited to, the committee was not required to 
file the report, or the committee timely filed the report in accordance 
with 11 CFR 100.19;
    (2) The Commission improperly calculated the civil money penalty; or

[[Page 197]]

    (3) The respondent used best efforts to file in a timely manner in 
that:
    (i) The respondent was prevented from filing in a timely manner by 
reasonably unforeseen circumstances that were beyond the control of the 
respondent; and
    (ii) The respondent filed no later than 24 hours after the end of 
these circumstances.
    (c) Circumstances that will be considered reasonably unforeseen and 
beyond the control of respondent include, but are not limited to:
    (1) A failure of Commission computers or Commission-provided 
software despite the respondent seeking technical assistance from 
Commission personnel and resources;
    (2) A widespread disruption of information transmissions over the 
Internet not caused by any failure of the Commission's or respondent's 
computer systems or Internet service provider; and
    (3) Severe weather or other disaster-related incident.
    (d) Circumstances that will not be considered reasonably unforeseen 
and beyond the control of respondent include, but are not limited to:
    (1) Negligence;
    (2) Delays caused by committee vendors or contractors;
    (3) Illness, inexperience, or unavailability of the treasurer or 
other staff;
    (4) Committee computer, software or Internet service provider 
failures;
    (5) A committee's failure to know filing dates; and
    (6) A committee's failure to use filing software properly.
    (e) Respondent's written response must detail the factual basis 
supporting its challenge and include supporting documentation.

[72 FR 14667, Mar. 29, 2007]