D.C. Mun. Regs. tit. 3, § 3711
Schedule of Fines
Authority: District of Columbia Election Code of 1955, approved August 12, 1955, as amended (69 Stat. 699; D.C. Official Code § 1-1001.05(a)(14) (2016 Repl. & 2019 Supp.)). Source: Final Rulemaking published at 45 DCR 3161, 3211-13 (May 22, 1998); as amended by Final Rulemaking published at 49 DCR 2731, 2734 (March 22, 2002); as amended by Final Rulemaking published at 53 DCR 3222, 3243 (April 21, 2006); as amended by Final Rulemaking published at 55 DCR 8797, 8800 (August 15, 2008); as amended by Final Rulemaking published at 57 DCR 2272, 2276 (March 19, 2010); as amended by Final Rulemaking published at 58 DCR 10612, 10615 (December 16, 2011); as amended by Final Rulemaking published at 60 DCR 1402 (February 8, 2013); as amended by Final Rulemaking published at 60 DCR 11864 (August 16, 2013); as amended by Final Rulemaking published at 62 DCR 3025 (March 13, 2015); as amended by Final Rulemaking published at 66 DCR 8118 (July 12, 2019); as amended by Final Rulemaking published at 66 DCR 15416 (November 22, 2019); as amended by Final Rulemaking published at 70 DCR 003338 (March 17, 2023).District of Columbia, Office of the Secretary
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:
- (a) Each allegation shall constitute a separate violation; and
- (b) A fine shall attach for each day of non-compliance for each violation.
3711.2 Fines shall be imposed as follows:
- (a) Contribution or expenditure made while office of treasurer is vacant $50 per day;
- (b) Failure to designate a principal campaign committee $30 per day;
- (c) Failure to designate a campaign depository $30 per day;
- (d) Failure to file a statement of organization for a political committee $30 per day;
- (e) Failure to file a candidate registration statement $30 per day;
- (f) Failure to file R&E Reports, including five hundred dollars ($ 500) Exemption report $50 per day;
- (g) Accepting legal tender of twenty-five dollars ($25) or more $500;
- (h) Failure to file a Statement of Information $30 per day;
- (i) Use of Statehood funds for political activities $2,000;
- (j) Failure to file an Honoraria and Outside Income Disclosure Statement $50 per day;
- (k) Acceptance or honoraria in excess of $10,000 - $500;
- (l) Acceptance of royalties in excess of $10,000 - $500;
- (m) Deposit contributions in accounts other than campaign depositories $500;
- (n) Failure to place notices required by the Act on campaign literature $500;
- (o) Accepting contributions in excess of contribution limitations $2,000;
- (p) Making contributions in excess of contribution limitations $1,000;
- (q) Accepting a contribution made by one person in the name of another person $2,000;
- (r) Making contributions in the name of another person $2,000;
- (s) Accepting contributions in excess of the citizen-services program contribution limitation $2,000;
- (t) Making contributions in excess of the citizen-services program contribution limitation $1,000;
- (u) Conducting campaign activities in citizen-services program $2,000;
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(v) Use of official position for personal financial gain $2,000;
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(w) Accepting, soliciting or giving any thing 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.
- (x) Accepting or giving money to a public official in addition to the public official's compensation for the performance of official duties \$2,000;
- (y) Use or disclosure of official confidential information by public official for personal financial gain \$2,000;
- (z) Failure to disclose potential conflicts of interest \$2,000;
- (aa) Failure to file Financial Disclosure Statement (FDS) \$50 per day;
- (bb) Failure to timely dispose of surplus campaign funds \$50 per day;
- (cc) Failure to file additional information requested by the Director \$50 per day;
- (dd) Failure to disclose required information on reports and statements \$50 per day;
- (ee) Failure to file ANC Summary Financial Report \$30 per day;
- (ff) Failure to register as a lobbyist \$10 per day; and
- (gg) Failure to file lobbyist activity reports \$10 per day;
- (hh) Failure to file Statement of Acceptance of Position of Chairperson \$30 per day;
- (ii) Failure to file Statement of Acceptance of Position of Treasurer \$30 per day;
- (jj) Making expenditures in excess of expenditure limitations \$1000;
- (kk) Using District government resources for campaign related activities \$2000;
- (ll) Failure to designate an exploratory committee \$30 per day;
- (mm) Failure to file Informational Report \$50 per day;
- (nn) Accepting contributions in excess of aggregate limitations \$2000.
3711.3 The aggregate of the penalties imposed under the Director's authority, under § 371.1.2, may not exceed $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, has been 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 thirty (30) days of the expiration of the period provided for payment of the fine, pursuant to § 3711.7, before the Board in an adversary proceeding and an open hearing, pursuant to chapter 4 of this title.
SOURCE: Final Rulemaking published at 45 D.C. Reg. 3161, 3211-13 (May 22, 1998), amended at 48 DCR 471 (March 22, 2002); and amended at 48 D.C. Reg. 471 as amended at 49 D.C. Reg. 2734 (March 22, 2002), as further amended at 53 D.C. REG. 3243 (April 21, 2006); amended at 55 DCR 8797(August 15, 2008);