Ariz. Admin. Code § R2-20-704 - Repayment
A. In general, the
Commission may determine that a participating candidate who has received
payments from the Fund must repay the Fund as determined by the Commission.
1. A candidate who has received payments from
the Fund shall pay the Fund any amounts that the Commission determines to be
repayable. In making repayment determinations, the Commission may utilize
information obtained from audits and examinations or otherwise obtained by the
Commission in carrying out its responsibilities.
2. The Commission will notify the candidate
of any repayment determinations made under this section as soon as possible,
but not later than one year after the day of the election.
3. Once the candidate receives notice of the
Commission's repayment determination, the candidate should give preference to
the repayment over all other outstanding obligations of the candidate, except
for any taxes owed by the candidate.
4. Repayments may be made only from the
following sources: personal funds of the candidate, funds in the candidate's
current election campaign account, and any additional funds raised subject to
the limitations and prohibitions of the Act.
5. The Commission may withhold the portion of
funds required to be repaid from future payments to a participating candidate
if the Commission has made a repayment determination.
B. The Commission may determine that a
participating candidate who has received payments from the Fund must repay the
Fund under any of the following circumstances:
1. Payments in excess of candidate's
entitlement. If the Commission determines that any portion of the payments made
to the candidate was in excess of the aggregate payments to which such
candidate was entitled, it will so notify the candidate, and such candidate
shall pay to the Fund an amount equal to such portion.
2. Use of funds not for direct campaign
expenses. If the Commission determines that any amount of any payment to an
eligible candidate from the Fund was used for purposes other than direct
campaign purposes described in
R2-20-702,
it will notify the candidate of the amount so used, and such candidate shall
pay to the Fund an amount equal to such amount.
3. Expenditures that were not documented in
accordance with campaign finance reporting requirements, expended in violation
of state or federal law, or used to defray expenses resulting from a violation
of state or federal law, such as the payment of fines or penalties.
4. Surplus. If the Commission determines that
a portion of payments from the Fund remains unspent after all direct campaign
expenses have been paid, it shall so notify the candidate, and such candidate
shall pay the Fund that portion of surplus funds.
5. Income on investment or other use of
payments from the Fund. If the Commission determines that a candidate received
any income as a result of an investment or other use of payments from the Fund,
it shall so notify the candidate, and such candidate shall pay to the Fund an
amount equal to the amount determined to be income, less any federal, state or
local taxes on such income.
6.
Unlawful acceptance of contributions by an eligible candidate. If the
Commission determines that a participating candidate accepted contributions,
other than early contributions or qualifying contributions, it shall notify the
candidate of the amount of contributions so accepted, and the candidate shall
pay to the Fund an amount equal to such amount, plus any civil penalties
assessed.
C. Repayment
determination procedures. The Commission's repayment determination will be made
in accordance with the following procedures:
1. Repayment determination. The Commission
will send a repayment determination pursuant to Article 2, Compliance and
Enforcement Procedures, and will set forth the legal and factual reasons for
such determination, as well as the evidence upon which any such determination
is based. The candidate shall repay, in accordance with subsection (D), the
amount that the Commission has determined to be repayable.
2. Administrative review of repayment
determination. If a candidate disputes the Commission's repayment
determination, he or she may request an administrative appeal of the
determination in accordance with A.R.S. §
41-1092
et. seq.
D. Repayment
period.
1. Within 30 days of service of the
notice of the Commission's repayment determination, the candidate shall repay
the amounts the Commission has determined must be repaid. Upon application by
the candidate, the Commission may grant an extension of time in which to make
repayment.
2. If the candidate
requests an administrative appeal of the Commission's repayment determination
of this Section, the time for repayment will be suspended until the Commission
has concluded its review of the Administrative Law Judge's (ALJ) decision.
Within 30 days after service of the notice of the Commission's review of the
ALJ's decision, the candidate shall repay the amounts that the Commission has
determined to be repayable. Upon application by the candidate, the Commission
may grant an extension of up to 30 days in which to make repayment.
3. Interest shall be assessed on all
repayments made after the initial 30-day repayment period or the 30-day
repayment period established by this Section. The amount of interest due shall
be the greater of:
a. An amount calculated in
accordance with A.R.S. §
44-1201(A);
or
b. The amount actually earned on
the funds set aside or to be repaid under this Section.
Notes
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