3711

3711.1

Upon a determination, pursuant to §§ 3705 or 3709, that a violation has occurred, the Director may ministerially impose fines upon the offending party, in the following manner:

1. (a) Each allegation shall constitute a separate violation; and
2. (b) A fine shall attach for each day of non-compliance for each violation.

3711.2

Fines shall be imposed as follows:

1. (a) Contribution or expenditure made while office of treasurer is vacant: fifty dollars ($50) per day;
2. (b) Failure to designate a principal campaign committee: thirty dollars ($30) per day;
3. (c) Failure to designate a campaign depository: thirty dollars ($30) per day;
4. (d) Failure to file a statement of organization for a political committee: thirty dollars ($30) per day;
5. (e) Failure to file a candidate registration statement: thirty dollars ($30) per day;
6. (f) Failure to file R&E Reports, including five hundred dollars ($ 500) Exemption report: fifty dollars ($50) per day;
7. (g) Accepting legal tender of twenty-five dollars ($25) or more: five hundred dollars ($500);
8. (h) Failure to file a Statement of Information: thirty dollars ($30) per day;
9. (i) Use of Statehood funds for political activities: two thousand dollars ($2,000);
10. (j) Failure to file an Honoraria and Outside Income Disclosure Statement: fifty dollars ($50) per day;
11. (k) Acceptance of honoraria in excess of ten thousand dollars ($10,000): five hundred dollars ($500);
12. (l) Acceptance of royalties in excess of ten thousand dollars ($10,000): five thousand dollars ($500);
13. (m) Deposit contributions in accounts other than campaign depositories: five hundred dollars ($500);
14. (n) Failure to place notices required by the Act on campaign literature: five

hundred dollars ($500);

1. (o) Accepting contributions in excess of contribution limitations: two thousand dollars (\$2,000);
2. (p) Making contributions in excess of contribution limitations: one thousand dollars (\$1,000);
3. (q) Accepting a contribution made by one person in the name of another person: two thousand dollars (\$2,000);
4. (r) Making contributions in the name of another person: two thousand dollars (\$2,000);
5. (s) Accepting contributions in excess of the citizen-services program contribution limitation: two thousand dollars (\$2,000);
6. (t) Making contributions in excess of the citizen-services program contribution limitation: one thousand dollars (\$1,000);
7. (u) Conducting campaign activities in citizen-services program: two thousand dollars (\$2,000);
8. (v) Use of official position for personal financial gain: two thousand dollars (\$2,000);
9. (w) Accepting, soliciting or giving anything of value to influence official government actions, or where it could be inferred that the thing of value would influence the public official in the discharge of his or her duties: two thousand dollars (\$2,000);
10. (x) Accepting or giving money to a public official in addition to the public official's compensation for the performance of official duties: two thousand dollars (\$2,000);
11. (y) Use or disclosure of official confidential information by public official for personal financial gain: two thousand dollars (\$2,000);
12. (z) Failure to disclose potential conflicts of interest: two thousand dollars (\$2,000);
13. (aa) Failure to file Financial Disclosure Statement (FDS): fifty dollars (\$50) per day;
14. (bb) Failure to timely dispose of surplus campaign funds: fifty dollars (\$50) per day;
15. (cc) Failure to file additional information requested by the Director: fifty dollars (\$50) per day;
16. (dd) Failure to disclose required information on reports and statements: fifty

dollars ($50) per day;

1. (ee) Failure to file ANC Summary Financial Report: thirty dollars (\$30) per day;
2. (ff) Failure to register as a lobbyist: seven hundred fifty dollars (\$750);
3. (gg) Failure to file lobbyist activity reports: ten dollars (\$10) per day, up to thirty (30) days;
4. (hh) Failure to file Statement of Acceptance of Position of Chairperson: thirty dollars (\$30) per day;
5. (ii) Failure to file Statement of Acceptance of Position of Treasurer: thirty dollars (\$30) per day;
6. (jj) Making expenditures in excess of expenditure limitations: one thousand dollars (\$1000);
7. (kk) Using District government resources for campaign related activities: two thousand dollars (\$2000);
8. (ll) Failure to designate an exploratory committee: thirty dollars (\$30) per day;
9. (mm) Failure to file Informational Report: fifty dollars (\$50) per day;
10. (nn) Accepting contributions in excess of aggregate limitations: two thousand dollars (\$2000);
11. (oo) Failure to maintain records required under § 3400.2: two thousand dollars (\$2000); and
12. (pp) Failure to provide notice of potential conflicts of interest to the Board and the Director: two thousand dollars (\$2000).

3711.3 The aggregate of the penalties imposed under the Director's authority, pursuant to § 3711.2, may not exceed two thousand dollars ($2000) for each violation.

3711.4 In calculating the time period for delinquencies, Saturdays, Sundays, and holidays shall not be included.

3711.5 Any fine imposed by the Director, pursuant to § 3711.2, shall become effective on the sixteenth (16th) day following the issuance of a decision and order; provided, that, the respondent does not request a hearing pursuant to § 3709.12.

3711.6 The Director may modify, rescind, dismiss or suspend any fine imposed, pursuant to § 3711, for good cause shown; provided, that fines imposed for failure to file an eight (8) day pre-election report shall be mandatory, unless a written extension for filing the report, pursuant to chapter 30 of this title, is granted by the Director.

3711.7 Fines imposed pursuant to this chapter shall be paid within ten (10) days of the effective date, at the OCF, Frank D. Reeves Municipal Building, 2000 - 14th Street, N.W., Washington, D.C., 20009, by money order or check made payable to the D.C. Treasurer.

3711.8 If a party fails to pay the ordered fine, the Director may petition for enforcement of its order, within sixty (60) days of the expiration of the period provided for payment of the fine, under § 3711.7, before the Board in an adversary proceeding and an open hearing, under chapter 4 of this title.

SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3211-13 (May 22, 1998); as amended by Final Rulemaking published at 49 D.C. Reg. 2731, 2734 (March 22, 2002); as amended by Final Rulemaking published at 53 D.C. Reg. 3222, 3243 (April 21, 2006); as amended by Final Rulemaking published at 55 D.C. Reg. 8797, 8800 (August 15, 2008); and as amended by Final Rulemaking published at 57 D.C. Reg. 2272, 2276 (March 19, 2010); as amended by Notice of Final Rulemaking published at 58 DCR 10612, 10615 (December 16, 2011).