Tenn. Comp. R. & Regs. 0530-01-01-.13 - RECONSIDERATION OF THE ISSUANCE OF CIVIL PENALTY ASSESSMENT ORDERS

(1) If a candidate or political campaign committee against whom a civil penalty assessment order has been issued by the Registry wishes to request that the Registry reconsider the matter, the candidate or committee must follow these procedures to have the Registry consider the request:

(a) The candidate or committee must file a written request with the Registry asking that the assessment of civil penalties against the candidate or committee be reconsidered by the Registry. The written request for reconsideration must be filed with the Registry within fourteen (14) days of the date of the issuance of the Registry's order assessing civil penalties.

(b) For a written request for reconsideration to be considered by the Registry, the candidate or committee must include additional information concerning the matter that was not available for the Registry's consideration at its meeting at which the civil penalty order was issued by the Registry. If no additional information is included in the request for reconsideration, the Registry may choose not to reconsider the matter.

(c) If the candidate or political campaign committee files a written request for reconsideration of an assessment of civil penalties with the Registry and asks to make a personal appearance before the Registry at a regularly scheduled meeting and, without good cause, fails to appear at that meeting without having notified the Registry prior to the meeting, the Registry will deny the request for reconsideration.

(d) While a request for reconsideration of a civil penalty order by a candidate or political campaign committee is pending before the Registry, the Registry's order assessing penalties does not become final until a determination is made by the Registry as to the request for reconsideration. Upon a vote of a majority of the Registry members to deny a candidate's or political campaign committee's request for reconsideration of any civil penalty assessment order, the Registry shall issue an order denying the request and providing the candidate or committee ten (10) days after the date of the issuance of the order to appeal the original assessment order under the Tennessee Administrative Procedures Act before the order becomes a final order.

Notes

Tenn. Comp. R. & Regs. 0530-01-01-.13

Original rule filed March 12, 1993; effective April 26, 1993. Amended by Public Chapter 467; effective May 31, 1993.

Authority: T.C.A. §§ 2-10-110 and 2-10-207(1).