N.M. Admin. Code § 1.10.13.15 - LATE FILING OF REPORTS
A. If a
reporting individual or person required to file a report pursuant to Section
1-19-27.3 NMSA 1978 fails to timely
file a report in CFIS, or fails to file a report, a written notice will be sent
by the secretary of state to the reporting individual or person required to
file a report explaining the violation and the fine imposed.
B. The reporting individual or person
required to file a report is afforded 10 working days from the date of the
written notice to file, if needed, and provide a written explanation within
CFIS indicating why the violation occurred.
C. If a timely explanation is provided and
the report is filed within the timeframe provided by the notice, the secretary
of state will make a determination whether good cause exists to fully or
partially waive the fine.
D. If the
reporting individual or person required to file the report fails to provide a
written response or fails to file a report within the timeframe provided by the
notice, the secretary of state shall issue a notice of final action requiring
the reporting individual or person required to file the report to file the late
report, provide a written explanation of why the violation occurred, and pay
the fine owed.
E. Fines for late
filing will accrue beginning the day after the filing deadline until the report
is filed at the statutory rate of fifty dollars ($50) per day up to a maximum
fine pursuant to Subsection H of Section
1-19-35 NMSA 1978 per report.
Candidates required to file supplemental reports are subject to additional
fines pursuant to Subsection C of Section
1-19-35 NMSA 1978.
F. If a reporting individual or person
required to file a report desires to come into voluntary compliance after a
notice of final action has been issued but prior to a referral pursuant to
Section 1-19-34.6 NMSA 1978, the secretary
of state may, at the secretary of state's sole discretion, file a petition with
the court requesting the court to waive fines for good cause.
G. Failure to respond to the notice of final
action shall result in a referral to the state ethics commission.
Notes
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