Ga. Comp. R. & Regs. R. 189-2-.01 - Definitions
The following words and terms as used in these rules shall have the meaning hereinafter ascribed to them or as set forth in O.C.G.A. § 21-5 et seq.:
(1) "Advisory Opinion"
an opinion issued by the Commission pursuant to its authority under O.C.G.A.
§
21-5-6(b)(13).
The provision of information or advice by Commission staff in response to
questions shall not constitute an "advisory opinion" in terms of the law unless
such information or advice is formally adopted by the Commission pursuant to
O.C.G.A. §
21-5-6(b)(13).
(2) "Complainant" a person who files a
written complaint alleging a violation of one or more laws under the
jurisdiction of the Georgia Government Transparency and Campaign Finance
Commission.
(3) "Compliance Order"
a written document wherein the Commission and the Respondent agree and consent
to terms which may include findings of fact, conclusions of law, cease and
desist language, remedial action to be taken, oral or written statements to be
made or issued, prohibition of actual or threatened violations, the ordering of
actions necessary to correct cited deficiencies and a waiver of any appeal
rights.
(4) "Consent Order" a
written document wherein the Commission and the Respondent agree and consent to
terms which shall include admissions of violations by the Respondent, findings
of fact; conclusions of law, cease and desist language, imposition of civil
penalties, late filing fees, and/or administrative fees and which may include,
among other things, remedial actions to be taken, oral or written statements to
be made or issued, prohibition of actual or threatened violations, or the
ordering of actions necessary to correct cited deficiencies and a waiver of any
appeal rights. Consent Orders must be signed by the Respondent and received by
the Commission staff not later than seven (7) days prior to the date the case
is scheduled to be heard before the Commission, unless the Executive Secretary
has approved an extension of time.
(5) "Contested Case" a case that will proceed
to an administrative hearing in accordance with the Georgia Administrative
Procedure Act following a finding that there are reasonable grounds to believe
that the Georgia Government Transparency and Campaign Finance Act or other
statute under the jurisdiction of the Commission has been violated.
(6) "Credit Received on Loan" a contribution
received by a candidate or campaign committee for the forgiveness of a loan
and/or a portion of an outstanding loan carried by the candidate or campaign
committee.
(7) "Deferred Payment"
an expenditure for the payment of anything of value which is received by,
provided to, furnished to, or conveyed to/or on behalf of a candidate or a
campaign committee that was previously reported on a prior or current Campaign
Contribution Disclosure Report for the time period in which the thing of value
was provided.
(8) "End Recipient"
the person or entity paid for providing goods or services to benefit a
candidate, officeholder, or campaign committee regardless of whether such
payment is arranged, passed through, or paid by a third party or agent for the
candidate, officeholder, or campaign committee.
(9) "Frivolous Complaint" a complaint that
lacks a Legal Basis, Legal Merit, or factual basis to support the allegations
in said complaint, as alleged by the Complainant, that the Respondent violated
the Georgia Government Transparency & Campaign Finance Act.
(10) "Good Faith" a state of mind consisting
in (1) honesty in belief or purpose, (2) faithfulness to one's duty or
obligation, or (3) absence of intent to defraud or to seek unconscionable
advantage.
(11) "Hearing" a
proceeding before the Commission or its designated hearing officer for either
the consideration of a modification or a change in existing rules, or for an
adjudication of issues presented in a contested case, at which all parties at
interest are afforded an opportunity to present testimony, documentary evidence
and arguments, as to the matter under consideration.
(12) "Hearing Officer" an individual
designated by the Commission for the purpose of presiding over a hearing as
herein defined.
(13) "In-kind
expenditure" an expenditure of any goods or services for which a candidate or
campaign committee did not extend payment to an end-recipient for the goods or
services provided, but for which the campaign received the use / benefit of
said goods or services (e.g., A computer is loaned to the
campaign and the computer is returned to the donor upon the conclusion of the
campaign).
(14) "Independent
Expenditure" a political campaign communication that expressly advocates the
election or defeat of a clearly identified candidate that is not made in
cooperation, consultation, or concert with or at the request or suggestion of a
candidate or candidate's authorized committees.
(15) "Legal Basis" a legal principle or
statute which constitutes the basis for the claim that the Respondent violated
the Georgia Government Transparency & Campaign Finance Act.
(16) "Legal Merit" an argument that is
supported by a legal principle or statute, that is advanced by the Complainant
in Good Faith, that constitutes the basis for the claim that the Respondent
violated the Georgia Government Transparency & Campaign Finance
Act.
(17) "Loan Repayment" an
expenditure made by a candidate or campaign committee to retire or reduce any
outstanding loan carried by the candidate or campaign committee. Any such
expenditure must note and itemize which loan the payment is being applied to
(e.g., 2012 General Election Loan $500.00; and, 2012 Primary
Election Loan $1,000.00).
(18)
"Local Filing Officer" a local filing officer is any person who supervises
and/or qualifies local officials for election to county and/or municipal
offices, said term shall include, but not be limited to, all county election
superintendents, municipal clerks, and chief executive officers of
municipalities.
(19) "Notice of
Hearing" a written statement of the substance of a specific charge alleging
violation of the statute, rule, or regulation to be considered at a hearing to
the person or party affected thereby, or of the substance of a proposed rule to
be considered, which will afford actual notice to all interested persons.
Notice shall be given in accordance with the Georgia Administrative Procedure
Act.
(20) "Preliminary Hearing" a
proceeding before the Commission for the purpose of deciding if there are
reasonable grounds to believe that the Georgia Government Transparency and
Campaign Finance Act or other statute under the jurisdiction of the Commission
has been violated, or if there are reasonable grounds to believe there has been
a failure to comply with any rule or regulation promulgated by the Commission,
and if the matter should be set down for a "Hearing" for the purpose of
determining whether a violation of the Georgia Government Transparency and
Campaign Finance Act or other statute within the jurisdiction of the Commission
and whether any sanctions should be imposed should a violation be found. This
term also specifically includes hearings held pursuant to the issuance of an
Administrative Subpoena.
(21)
"Refund" any contribution (either cash or in-kind) which is returned by a
candidate or campaign committee to the original donor and not expended for
campaign purposes. A refund must be made in full to the donor making a
contribution if the campaign is refunding a single contribution; or pro rata to
all donors if the campaign is being terminated and excess funds must be
disposed of. All funds contributed to any candidate or campaign committee are
not personal assets of the candidate or committee and can only be disposed of
by refund to the donor(s) or transfer in accordance with O.C.G.A. §
21-5-33.
(22) "Respondent" a person against whom a
complaint is filed or who has been added as such by the Commission at a
preliminary hearing based on a finding of reasonable grounds to believe that a
violation of the Georgia Government Transparency and Campaign Finance Act has
occurred; or a person who has been named a Respondent by the Commission by
virtue of a finding of probable cause to open an investigation.
(23) "Rule" any regulation, standard, or
statement of general or particular applicability that implements, interprets,
or prescribes law or policy, or describes the organization, procedure, or
practice requirements of the Commission.
(24) "Substantial Compliance" the requirement
that all reports submitted pursuant to the Georgia Government Transparency and
Campaign Finance Act be at least 90% compliant with respect to technical
defects.
(25) "Technical Defect" an
inadvertent or scrivener's error in the preparation or making of a filing with
the Commission or with a local filing officer. "Technical defects" include such
mistakes as showing incorrectly or failing to show a date, a contributor's
occupation, an address, an email address or an employer, or other similar
errors. Accounting errors constitute technical defects if they include obvious
errors in addition or subtraction. The failure to list or show the disposition
of a contribution is not an accounting error that constitutes a "technical
defect."
Notes
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