Section 2 AAC 50.850 - Notice of deficiency; remedies(a)Nonreceipt.A person's failure to receive a notice of deficiency does not excuse that person's failure to mail or deliver each required filing on or before the due date for that filing.(b)Notice of deficiency.Except as provided in (f) and (g) of this section, if a person required to file a registration, disclosure statement, or other report under AS 15.13, AS 24.45, AS 24.60.200-24.60.260, or AS 39.50 fails to file the registration, statement, or report within 10 days after the due date for that filing, the staff shall send the person responsible for the filing a written notice stating(1) that the person's registration, statement, or report has not been filed;(2) the date on which the registration, statement, or report was due;(3) the amount of the civil penalty that may be assessed as of the date of the notice, and the amount by which the penalty may increase each day until the registration, statement, or report is filed.(c)Second notice.In addition to the notice of deficiency described in (b) of this section, the staff shall send each public official, candidate, or legislative branch filer a second notice of deficiency in compliance with the applicable provisions of (d) - (h) of this section.(d)Public officials.Except as provided in (e) of this section for a judicial officer or in (f) of this section for a municipal officer, the staff shall send a second written notice to a public official who fails to file a complete initial, annual, or final disclosure statement 25 days after the applicable due date. The second notice must contain the information set out in (b)(1) - (3) of this section and must state that(1) failure or refusal to file the statement is punishable as a misdemeanor under AS 39.50.060;(2) if the statement is not received 30 days after the due date, the staff will notify the commission that that the public official's statement is overdue by 30 days, and will take other action under the direction of the commission, including(A) requesting the governor to remove the public official from office under AS 39.50.060-39.50.080, unless the official is the governor or lieutenant governor;(B) requesting the state agency that administers the salary, per diem, and travel expenses of the public official to withhold those payments under AS 39.50.070, 39.50.080, or 39.50.130;(C) requesting the attorney general to initiate misdemeanor proceedings under AS 39.50.060-39.50.080 or 39.50.130; and(D) taking other action as appropriate to carry out AS 39.50.060-39.50.080 or 39.50.130.(e)Judicial officers.If a judicial officer, except for a person who holds judicial office for less than 30 days, fails to file a complete initial, annual, or final disclosure statement 25 days after the applicable due date, the staff shall send a second written notice containing the information set out in (b)(1) - (3) of this section. The second written notice must also state that (1) failure or refusal to file the statement is punishable as a misdemeanor under AS 39.50.110;(2) if the statement is not received 30 days after the due date, the staff will notify the commission that the judicial officer's statement is overdue by 30 days, and will take other action under the direction of the commission, including(A) requesting the administrator of the court system to withhold salary, per diem, and travel expense payments to the judicial officer under AS 39.50.110;(B) requesting the Commission on Judicial Conduct to refer the matter to the supreme court with a recommendation that the judicial officer be removed from office under AS 39.50.110;(C) requesting the attorney general to initiate misdemeanor proceedings under AS 39.50.060 or 39.50.110; and(D) taking other action as appropriate to carry out AS 39.50.060 or 39.50.110.(f)Municipal officers.A municipal officer's annual disclosure statement is delinquent if not filed with the applicable municipal clerk or the clerk's designee on or before March 15 of each year. No later than five days after March 15 of each year, the municipal clerk or the clerk's designee shall verify that each municipal officer has filed the statement. The municipal clerk or the clerk's designee shall notify any municipal officer whose statement is delinquent or incomplete of the filing requirement. The municipal clerk or the clerk's designee shall also notify the commission, by telephone, facsimile, or electronic mail, of the name and address of any municipal officer whose statement is delinquent or incomplete. The municipal clerk or the clerk's designee shall promptly notify the commission of the date that any delinquent or corrected statement is received.(g)Delinquent or incomplete statements from municipal officers; commission action.When the commission is notified that a municipal officer's statement is delinquent or incomplete, the staff shall send written notice containing the information set out in (b)(1) - (3) of this section to that municipal officer. If a municipal officer's statement is overdue by 30 days, the commission may (1) request the attorney general to initiate misdemeanor proceedings; and(2) take other action as appropriate to carry out AS 39.50.060.(h)Candidates for state or municipal office.In addition to the applicable procedures in (a) - (c) of this section, seven days before the primary election withdrawal date set in AS 15.25.055, the general election withdrawal date set in AS 15.25.200, and the withdrawal date for a municipal election, the staff shall prepare a list of each candidate for state or municipal elective office who has not filed a complete disclosure statement required under AS 39.50.020 and 39.50.030. The staff shall notify each candidate on the list of the date, time, and place of a meeting at which the commission will consider the list. If the commission determines that a listed candidate has failed to supply required information on a significant source of income, interest in real property, business interest, loan, or trust, the commission will recommend(1) that the lieutenant governor remove the name of the listed candidate for state elective office from the ballot, or if the candidate's name cannot be removed from the ballot, that the lieutenant governor not certify the candidate's nomination for office or election to office; or(2) that the appropriate municipal clerk or the clerk's designee refuse a listed municipal elective office candidate's filing for office and filing fees, or return the filing and fees, and remove the candidate's name from the filing records.(i)Staff investigations.If information discovered after the deadline for withdrawal of candidacy indicates that a candidate for state or municipal elective office has failed to comply substantially with the requirements of AS 39.50 or 2 AAC 50.680 - 2 AAC 50.799, the staff shall investigate the matter as set out in 2 AAC 50.875.Eff. 12/22/2011, Register 200Authority:AS 15.13.030
AS 15.13.380
AS 15.13.390
AS 24.45.131
AS 24.45.141
AS 24.60.200
AS 24.60.210
AS 24.60.220
AS 24.60.240
AS 24.60.250
AS 24.60.260
AS 39.50.020
AS 39.50.050
AS 39.50.060
AS 39.50.070
AS 39.50.080
AS 39.50.110
AS 39.50.130
AS 39.50.135