Ga. Comp. R. & Regs. R. 189-2-.07 - Investigations, Administrative Subpoenas and Notices for Hearings

(1) Whenever Commission staff is informed by a local filing officer or determines independently that a candidate, public officer, or other person required to file a Personal Financial Disclosure Statement, Campaign Contribution Disclosure Report, or any other document under the jurisdiction of the Commission, has failed to file or has failed to properly file any required report or document or has omitted information required to be disclosed by law or has included false or misleading information on such a document, Commission staff will determine if technical defects apply, initiate an investigation, and begin an enforcement action, as may be appropriate.

(2) Administrative Subpoena.

(a) If it is deemed appropriate by Commission staff in the course of an investigation or to secure witnesses or documents at a hearing before or on behalf of the Commission, an Administrative Subpoena may be served to obtain relevant documents or the attendance of a witness.

(b) If a person or entity to whom an administrative subpoena has been issued objects to the subpoena, such person shall file before the Commission a motion to quash the subpoena within ten (10) business days of receipt of the subpoena. Commission staff or their counsel may duly respond to such a motion. The Commission shall hear and rule upon the motion at its next regularly scheduled meeting or at a specially called meeting, and compliance with the subpoena shall be stayed until a ruling by the Commission is made upon the motion.

(3) Following the completion of an initial investigation all matters not administratively dismissed or solely containing technical defects shall be scheduled for hearing before the Commission and a Notice of Hearing pursuant to Rule 189-2-.05 shall issue.

Notes

Ga. Comp. R. & Regs. R. 189-2-.07

O.C.G.A. §§ 21-5-6, 21-5-7.

Original Rule entitled "Treatment of Fines Imposed by Commission" adopted. F. July 18, 1989; eff. August 7, 1989. Repealed: New Rule entitled "Investigations and Hearings on Required Reports or Documents" adopted. F. Feb. 22, 2000; eff. Mar. 13, 2000. Repealed: New Rule entitled "Investigations and Hearings" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008. Amended: New title "Investigations, Administrative Subpoenas and Notices for Hearings." F. Jan. 11, 2016; eff. Jan. 31, 2016.