Complaint. All complaints to be considered by the Commission shall be filed in
writing with the Commission and shall contain the following:
(a) The name, address, and e-mail address of
the person or persons who file the complaint.
(b) The sworn verification and signature of
(c) The name and
address of the party or parties against whom the complaint is filed, and if any
such party is a candidate, the office being sought by said candidate.
(d) A clear and concise statement of the
facts upon which the complaint is based along with an allegation that such
facts constitute one or more violations of the Georgia Government Transparency
and Campaign Finance Act or other law under the jurisdiction of the
(e) A general reference
to the statutory provision(s) of the Georgia Government Transparency and
Campaign Finance Act, Vendor Gift Disclosure Law, Commission Rule, or any other
statute within the jurisdiction of the Commission allegedly violated by
information which might support the allegations in the complaint including, but
not limited to, the following:
1. The name and
address of all other persons who have firsthand knowledge of the facts alleged
in the complaint;
documentary evidence that supports the facts alleged in the
(2) Technical Defects. Upon receipt of a
complaint that alleges technical defects, as defined in O.C.G.A. §
and by these Rules, Commission staff shall follow the requirements for handling
technical defects stated in O.C.G.A. §
A respondent in receipt of a complaint sent to respondent pursuant to Rule
189-2-.03(3), below, may assert that the complaint contains technical defects
which have not been identified by Commission staff. The respondent must state
the grounds supporting the claim that a technical defect exists, provide all
supporting evidence supporting that assertion, and submit appropriate filings
correcting the technical defects. If, based on respondent's submission,
Commission staff agrees that technical defects did indeed exist, and, if the
technical defects are corrected, it shall treat the correction of the defects
consistent with the provisions of O.C.G.A. §
If the alleged violations do not constitute technical defects or if they were
not corrected, Commission staff shall begin investigation on the complaint
consistent with the requirements of Rule 189-2-.03(5).
(3) Preliminary Action on the Complaint. Upon
receipt of a complaint, the Commission staff shall send a copy of the complaint
to the respondent affording an opportunity to respond to the complaint within
thirty (30) days in writing if desired. Responses or other documents submitted
by the Complainant or Respondent to the Commission after the thirty day period
may be disregarded by the Commission or staff during the preliminary
investigation or at the preliminary hearing. If additional violations are
discovered during the investigation of any complaint, notice shall be given to
the Respondent as to those additional violations. The Respondent shall then
have fourteen (14) days from the date of the notice to provide a response.
Otherwise, Commission staff shall present a Probable Cause petition to the
Complaint. Upon receipt of a written complaint which does not conform to the
requirements of paragraph (1) of this Rule, the Executive Secretary of the
Commission shall by letter acknowledge receipt of the complaint, advise the
complainant of the defect in the complaint and inform the complainant that the
complaint will not be considered by the Commission unless the defect is
Investigation of Complaint. The Commission staff shall conduct a preliminary
investigation of any non-defective complaint and recommend as a part of its
on-going investigation what further action, if any, should be taken. If the
Commission staff should determine, after completing its preliminary
investigation, that there is no evidentiary or jurisdictional basis for
proceeding on a complaint under the Georgia Government Transparency and
Campaign Finance Act or any other statute within the jurisdiction of the
Commission, then the staff shall so notify the Complainant and administratively
dismiss the complaint without requiring any formal action by the
Hearing. Following the preliminary investigation the complaint shall be
scheduled for a preliminary hearing before the Commission and the Complainant
and Respondent shall be notified of the scheduled hearing date. At such
hearing, the Commission shall determine whether there are reasonable grounds to
believe that a violation has occurred and if such a finding is made the matter
will be set down for a hearing pursuant to the Georgia Administrative Procedure
Act. The Respondent will have 30 days to initiate resolution of the matter with
Commission staff prior to an APA hearing. If the Commission finds no reasonable
grounds to believe a violation has occurred, the complaint shall be dismissed,
subject to being reopened upon discovery of additional evidence or relevant
(7) Consideration of the
Complaint. If at the preliminary hearing it is determined that further action
is warranted, the Commission shall proceed as provided by law in contested
cases. Nothing in this rule shall require the Commission to dispose of any
matter in a single hearing nor shall this rule prevent the matter from being
subject to further investigation by the Commission staff.
(8) The Commission shall not initiate an
investigation on any complaint filed within thirty (30) days of an election in
which the subject of the complaint is a participant or candidate in said
Ga. Comp. R. & Regs. R. 189-2-.03
entitled "Complaints" adopted. F. Apr. 9,
1987; eff. Apr. 29, 1987.
Amended: F. May 6,
1987; eff. May 26, 1987.
Amended: F. Feb. 22,
2000; eff. Mar. 13, 2000.
Amended: F. Oct. 12,
2006; eff. Nov. 1, 2006.
Repealed: New Rule of same title adopted. F.
Dec. 18, 2007; eff.
Jan. 7, 2008.
Amended: F. Aug. 24,
2015; eff. Sept. 13, 2015.
Amended: F. Jan. 11,
2016; eff. Jan. 31, 2016.