Ariz. Admin. Code § 2-20-810

Current through Register Vol. 30, No. 45, November 8, 2024

Section R2-20-810 - Response Procedures

A. Within 14 days after receiving a complaint that complies with R2-20-809, a staff member shall send the respondent a copy of the complaint and a written communication describing the campaign finance processing procedures. The written communication shall:

1. Inform the respondent that the Executive Director has received allegations as to possible violations of campaign finance laws by the respondent.

2. Provide a copy of the complaint.

3. Gives the respondent an opportunity to respond in writing in a timely manner and setting forth a deadline of not more than 30 days after the respondent's receipt of the written communication. Extensions shall be granted on request at the discretion of the Executive Director.

B. The notification letter reflects no judgment about the accuracy of the allegations.

C. The response is the respondent's opportunity to demonstrate to the Executive Director why they should not pursue an enforcement action, or to clarify, correct, or supplement the information in the complaint or referral. Respondents are not required to respond to the allegations.

D. Respondents, if they choose, may be represented by counsel. Once the Executive Director receives a notification that the respondent is represented by counsel, the Commission staff shall communicate only with the counsel unless otherwise authorized by the respondent or the respondent's counsel.

E. The respondent's response shall be sworn to and signed in the presence of a notary public and shall be notarized. The respondent's failure to respond within the time specified in subsection A may be viewed as an admission to the allegations made in the complaint.

F. If a respondent provides a response, the response should address each and every reason why no further action should be taken, including any legal or factual basis for an assertion that the matter is not subject to the Commission's jurisdiction.

G. While not required, when possible, a response should provide documentation, including sworn affidavits or declarations under penalty of perjury from persons with first-hand knowledge of the facts.

H. The response may be submitted by email, and the respondent need not copy the complainant on the response.

I. A complainant may request a copy of the response.

J. Complainants other than the Executive Director are not parties to any enforcement matter that may arise as a result of the complaint and response.

Ariz. Admin. Code § R2-20-810

New Section made by final exempt rulemaking at 29 A.A.R. 3687, effective 10/26/2023.