When the TEC receives a request for a waiver or reduction of a late fine, the administrative late letter process is suspended until the request is considered and resolved.
In an effort to provide a consistent, fair, and efficient process, the TEC adopted a set of rules to allow the executive director to administratively determine whether a filer is eligible for a waiver or reduction of a late fine. The administrative determinations are based on the criteria, charts, and reduction formulas provided in the rules. If a filer is not satisfied with the administrative determination, the filer may appeal to the TEC commissioners for consideration.
What are the TEC rules on late fine waivers/reductions?
Administrative Waiver of a Fine: Section 18.23 of the TEC Rules allows an administrative waiver of a late fine in specific circumstances.
TEC Rule 18.23 This rule sets out specific circumstances that qualify for an administrative waiver of a late fine. If, in the executive director&rquo;s discretion, the waiver request affidavit establishes grounds for a waiver under this section, the executive director shall waive the fine.
Other Administrative Waiver or Reduction of a Fine Sections 18.24-26 of the TEC Rules further define when a filer is eligible for a waiver or reduction of a late fine, based on the criteria, charts, and reduction formulas provided in the rules.
TEC Rule 18.24 – This rule sets out the general guidelines, for purposes of an administrative waiver or reduction under these rules, that will be used to:
- classify the type of filer (category A, B, or C);
- define “critical report&rdqou; and classify the type of late report (report type I or II);
- clarify “good cause&rdqou; when determining a reduction amount; and
- define the procedure for a filer to appeal an administrative rules determination.
TEC Rule 18.24 also provides that a reduced fine will revert to the amount originally assessed if the filer does not pay the reduced fine within 30 calendar days from the date of the reduction letter.
TEC Rule 18.25 – This rule sets out the provisions for an administrative waiver or reduction of a late fine for a Report Type I (non-critical report) and the related Levels Chart.
To qualify for a Report Type I waiver or reduction, the filer must meet all of following criteria:
- The filer must have no more than two (2) prior late offenses in the five (5) years preceding the filing deadline of the late report at issue;
- The filer must have filed the report at issue within 30 days of learning the report was late;
- The late fine for the report at issue cannot have been increased by the TEC at a public meeting under section 254.042(b) of the Election Code, section 305.033(c) of the Government Code, or section 572.033(b) of the Government Code; and
- The filer cannot have an outstanding late fine.
If the filer meets all of the criteria, the determination is made according to the Levels Chart shown in this section, which is based on the filer's number of prior late offenses and whether there was "good cause" shown.
TEC Rule 18.26 – This rule sets out the provisions for an administrative waiver or reduction of a late fine for a Report Type II (critical report) and the related Levels Chart or Formulas Chart, as applicable. This rule also provides some examples of the application of the Report Type II Formulas Chart.
To qualify for a Report Type II waiver or reduction, the filer must meet all of following criteria:
- The filer must have no more than two (2) prior late offenses in the five (5) years preceding the filing deadline of the late report at issue;
- The late fine for the report at issue cannot have been increased by the TEC at a public meeting under section 254.042(b) of the Election Code, section 305.033(c) of the Government Code, or section 572.033(b) of the Government Code; and
- The filer cannot have an outstanding late fine.
If the filer meets all of the criteria, the determination is made according to either the Levels Chart or Formulas Chart shown in this section, based on the amount of activity in the report at issue, how soon after the deadline the report was filed, the filer’s number of prior late offenses, and whether the filer showed “good cause.”
What happens in the administrative rules process?
- When the TEC receives a request for a waiver or reduction of a late fine, the administrative late letter process is suspended until the request is considered and resolved.
- After reviewing the request and applying the TEC rules, the TEC sends a determination letter to the filer explaining that the TEC rules determination is: 1) that the report is eligible for a waiver of the fine; 2) that the report is eligible for a reduction of the fine; or 3) that the report is ineligible and there is no waiver of the fine. If the fine is not waived, the determination letter also explains the following:
- the filer may find the applicable rules on the TEC’s website (the exact webpage URL address is provided in the letter);
- if the late fine was not waived, the filer has approximately 30 calendar days from the date of the letter (the TEC calculates an exact date and provides that date in the letter) to pay the late fine or request appeal;
- if the late fine was reduced, the reduced fine will change to the amount originally assessed if the filer does not pay the reduced fine or request appeal within 30 calendar days from the date of the letter (the TEC calculates an exact date and provides that date in the letter);
- the filer may request an appeal of an administrative rules determination and describes how to do so; and
- if the TEC does not receive the payment or request for appeal by the date specified in the letter, the TEC will proceed with the steps listed on the insert enclosed with the letter. The insert is printed on colored paper and titled “Consequences for Failure to Respond.”
- If the filer does not pay or respond to the determination letter by the date specified in the letter, the TEC reinstates the administrative late letter process and proceeds with the consequences for failure to respond. What happens if I don’t respond to late notices or pay a late fine?