16-957. Enforcement procedure.
(Caution: 1998 Prop. 105 applies)
A. If the commission finds that there is reason to believe that a person has
violated any provision of this article, the commission shall serve on that person an
order stating with reasonable particularity the nature of the violation and requiring
compliance within fourteen days. During that period, the alleged violator may provide
any explanation to the commission, comply with the order, or enter into a public
administrative settlement with the commission.
B. Upon expiration of the fourteen days, if the commission finds that the alleged
violator remains out of compliance, the commission shall make a public finding to that
effect and issue an order assessing a civil penalty in accordance with section 16-942,
unless the commission publishes findings of fact and conclusions of law expressing good
cause for reducing or excusing the penalty. The violator has fourteen days from the date
of issuance of the order assessing the penalty to appeal to the superior court as
provided in title 12, chapter 7, article 6.
C. Any candidate in a particular election contest who believes that any opposing
candidate has violated this article for that election may file a complaint with the
commission requesting that action be taken pursuant to this section. If the commission
fails to make a finding under subsection A of this section within thirty days after the
filing of such a complaint, the candidate may bring a civil action in the superior court
to impose the civil penalties prescribed in this section.
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