§ 18404.2. Administrative Termination.

(a) The Executive Director, or any person to whom this authority is delegated by the Executive Director, may administratively terminate a recipient committee, as defined under Section 82013(a), if all of the following conditions are met:

(1) The committee has not filed campaign statements pursuant to Chapter 4 of the Act in the previous 12 months;

(2) The ending cash balance on the committee's last filed campaign statement is $3,000 or less;

(3) The committee is provided notice of the proposed administrative termination at least 90 days prior to the termination, and;

(4) The committee fails to file a written objection to the administrative termination with the Commission within 90 days of receiving a notice of the proposed termination.

(b) A committee that has been administratively terminated shall not receive any subsequent contributions, and shall not make expenditures exceeding the ending cash balance on the committee's last filed campaign statement, unless the committee's status is reinstated. A committee may reinstate its committee status after an administrative termination by filing a written request for reinstatement with the Commission.

(c) The Commission shall not require an explanation for an objection to an administrative termination or a request for reinstatement filed pursuant to this regulation, and no objection or request shall be denied.

(d) The Commission shall provide notice of an administrative termination, or the reinstatement of a committee subsequent to an administrative termination, to the Office of the Secretary of State and any local filing officer with whom the committee was required to file their last filed campaign statement.

HISTORY

1. New section filed 1-5-2012; operative 2-4-2012. Submitted to OAL for filing pursuant to Fair Political Practices Commission v. Office of Administrative Law, 3 Civil C010924, California Court of Appeal, Third Appellate District, nonpublished decision, April 27, 1992 (FPPC regulations only subject to 1974 Administrative Procedure Act rulemaking requirements and not subject to procedural or substantive review by OAL) (Register 2012, No. 1). For prior history of section 18404.2, see Register 2002, No. 7.

Note

Note: Authority cited: Sections 83112 and 84212, Government Code. Reference: Sections 82013 and 84212, Government Code.