PURPOSE: This rule establishes a procedure by which a campaign finance late fee may be appealed per section 105.963.7, RSMo.

1. (1) As provided by section 105.963.7, RSMo, candidates, candidate committee treasurers, or candidate committee assistant treasurers may make a written appeal of late filing fees assessed by the executive director of the Missouri Ethics Commission (commission) for failure to file a campaign finance disclosure report in a timely manner.
2. (2) The written appeal must be filed with the commission within ten (10) days of the receipt of notice of the assessment of the late filing fee from the executive director.
3. (3) Failure to timely file an appeal shall waive the right to appeal the late fee assessment in question before the commission.
4. (4) The sole issue of the appeal shall be whether the individual’s failure to file a campaign finance disclosure report in a timely manner was due to good cause as determined by the commission.
5. (5) Appeals shall be scheduled and conducted by telephone by the executive director unless a request for an in-person appeal is made in writing to the executive director. The executive director shall set the appeal no later than twenty-five (25) days after receipt of the notice of appeal or as soon as agreed to by both parties. A request for an in-person appeal must be filed with the commission no later than ten (10) days from the date of receipt of notice setting the date of the telephonic appeal. Appeals conducted in-person shall be held at the offices of the Missouri Ethics Commission or at a location determined by the executive director.
6. (6) The party requesting an appeal of a late fee assessment may be represented by an attorney during any appeal. At the appeal, the person requesting the appeal and/or the attorney of record may present any facts that show the person’s failure to file a campaign finance disclosure report was for good cause as determined by the commission.
7. (7) Notice of the appeal, including place, date, and time, shall be sent concurrently to the person requesting an appeal of a late fee 1 CSR 50-3

assessment and to the attorney of record, if applicable.

1. (8) Individuals requesting an appeal may request one (1) continuance concerning that appeal. All requests for a continuance shall be made in writing, state the factual basis for requesting the continuance, and be signed by the individual making the request. The decision to grant a continuance shall be at the discretion of the executive director.
2. (9) After the appeal, the executive director shall forward to the commission his recommendation on the appeal and place the appeal on the agenda for the next regularly scheduled commission meeting. The commission shall render a final decision, separately stating their findings. The executive director shall send a copy of the commission’s decision by certified mail to the individual requesting the appeal and a copy of the commission’s decision by regular mail to the attorney of record.

AUTHORITY: section 105.955.14(7), RSMo 2000.* Original rule filed Oct. 4, 2001, effective April 30, 2002. *Original authority: 105.955, RSMo 1991, amended 1994, 1995, 1996, 1997, 1999.