W. Va. Code R. § 146-5-13

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

Section 146-5-13 - Civil Penalties

13.1. A participating or certified candidate is subject to civil penalties if the candidate, or the candidate's committee or financial agent:

13.1.a. Accepts contributions from a private source in violation of the provisions of article 12; or

13.1.b. Spends or obligates to spend more than the amount of public financing money he or she is eligible to receive from the Fund.

13.2. In addition to any other penalties imposed by law, the SEC may impose a penalty of $100 per day for a violation of any reporting requirement.

13.3. The SEC may consider invoking civil penalties based upon information:

13.3.a. Obtained from reports required by the West Virginia Code and this rule;

13.3.b. Submitted by candidates or other individuals.

13.4. The SEC, upon receipt of information or a report suggesting a violation identified in sections 15.1 and 15.2 above, will schedule a meeting to determine what penalty, if any, will be assessed.

13.4.a. Notice of the meeting and the matters under review will be provided to the potentially violating candidate.

13.4.b. The candidate may appear at the meeting in person or by telephone.

13.5. The SEC will review the evidence and any reports provided by the Secretary and determine whether to assess a penalty based upon the following criteria:

13.5.a. If the violation was unintentional, the SEC may order the candidate to pay the Commission an amount equal to the amount of the contribution, expenditure or obligation.

13.5.b. If the violation was intentional, the SEC shall order the candidate to pay the Commission an amount equal to ten times the amount of the contribution, expenditure or obligation.

13.6. The SEC will present to the candidate a written notice of any civil fine assessment.

13.7. If the candidate fails to fully pay any civil penalty within seven days of receipt of the written notice, the SEC may order the candidate to pay an amount equal to three times the amount that should have been paid.

13.8. A candidate and the candidate's campaign account are jointly and severally liable for the payment of any penalty imposed pursuant to this section.

13.9. Any penalties collected by the SEC shall be deposited into the Fund.

W. Va. Code R. § 146-5-13