1. (a)

   1. (1) In addition to being sanctioned as provided for in Arkansas Code § 7‑6‑218(b)(4), candidates who fail to file or file untimely Contribution and Expenditure Reports, other than the preelection report required by Arkansas Code § 7‑6‑207(a)(1)(C), § 7‑6‑208(a)(1), and § 7‑6‑209(a)(1), as required by law and referenced throughout this part, shall be subject to fines for the late filing of reports.
   2. (2) Although fines are assessed on the facts of each case, the following schedule serves as a guideline in determining the amount of the fine: Date Report Filed First Time Delinquency Repeated Delinquency by Same Candidate 1 to 10 days late $ 25.00 per report $ 50.00 per report 11 to 20 days late $ 50.00 per report $ 100.00 per report 21 to 30 days late $ 100.00 per report $ 200.00 per report

2. (b)

   1. (1) In addition to being sanctioned as provided for in Arkansas Code § 7‑6‑218(b)(4), candidates who fail to file or file untimely the preelection Contribution and Expenditure Reports, required by Arkansas Code § 7‑6‑207(a)(1)(C), § 7‑6‑208(a)(1), or § 7‑6‑209(a)(1), shall be subject to fines for the late filing of reports.
   2. (2) Although fines are assessed on the facts of each case, the following schedule serves as a guideline in determining the amount of the fine: Date Report Filed First Time Delinquency Repeated Delinquency by Same Candidate 1 to 3 days late $ 50.00 per report $ 100.00 per report 4 to 10 days late $ 100.00 per report $ 150.00 per report 11 to 30 days late $ 150.00 per report $ 250.00 per report
3. (c) For purposes of this part, "repeated delinquency" shall refer to each different time, during the entire election cycle, a candidate fails to file any Contribution and Expenditure Report while running for office and until such time as the final report has been filed.
4. (d) In addition to the fines and sanctions discussed above, candidates who fail to file their Contribution and Expenditure Reports will be ordered to file such reports within ten (10) days.

5. (e) A candidate who gives false or materially misleading information on a Contribution and Expenditure Report or omits information from that report as required herein may be:

   1. (1) Assessed by the Arkansas Ethics Commission a fine of not less than fifty dollars ($50.00) or more than three thousand five hundred dollars ($3,500) for each violation; and

   2. (2) Issued a public letter of:

      1. (A) Caution;
      2. (B) Warning; or
      3. (C) Reprimand.

6. (f)

   1. (1) It is an affirmative defense to prosecution or disciplinary action if a candidate who is required to file a Campaign Contribution and Expenditure Report under Arkansas Code § 7-6-201 et seq., amends the report within thirty (30) days of discovering or learning of an unintentional error in the report.
   2. (2) However, assertion of the affirmative defense provision shall not be construed to remove the duty to file a report or authorize a candidate to knowingly fail to file a report required under Arkansas Code § 7-6-201 et seq.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules contained a footnote to 7 CAR § 3-148(f) as follows: “62 Ark. Code Ann. § 7-6-229”.