---
kind: "section"
citation: "11 C.F.R. § 111.35"
title: "11"
number: "111.35"
heading: "If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do?"
url: "https://uscodex.org/cfr/11/111.35"
---

# §111.35. If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do?

- (a) To challenge a reason to believe finding or proposed civil money penalty, the respondent must submit a written response to the Commission within forty (40) days of the Commission's reason to believe finding.
- (b) The respondent's written response must assert at least one of the following grounds for challenging the reason to believe finding or proposed civil money penalty:
  - (1) The Commission's reason to believe finding is based on a factual error including, but not limited to, the committee was not required to file the report, or the committee timely filed the report in accordance with [11 CFR 100.19](/cfr/11/100.19.md);
  - (2) The Commission improperly calculated the civil money penalty; or
  - (3) **The respondent used best efforts to file in a timely manner in that—**
    - (i) The respondent was prevented from filing in a timely manner by reasonably unforeseen circumstances that were beyond the control of the respondent; and
    - (ii) **The respondent filed no later than 24 hours after the end of these circumstances.**
- (c) Circumstances that will be considered reasonably unforeseen and beyond the control of respondent include, but are not limited to:
  - (1) A failure of Commission computers or Commission-provided software despite the respondent seeking technical assistance from Commission personnel and resources;
  - (2) A widespread disruption of information transmissions over the Internet not caused by any failure of the Commission's or respondent's computer systems or Internet service provider; and
  - (3) **Severe weather or other disaster-related incident.**
- (d) Circumstances that will not be considered reasonably unforeseen and beyond the control of respondent include, but are not limited to:
  - (1) Negligence;
  - (2) Delays caused by committee vendors or contractors;
  - (3) Illness, inexperience, or unavailability of the treasurer or other staff;
  - (4) Committee computer, software or Internet service provider failures;
  - (5) A committee's failure to know filing dates; and
  - (6) **A committee's failure to use filing software properly.**
- (e) Respondent's written response must detail the factual basis supporting its challenge and include supporting records.

## Notes

### Amendments

[72 FR 14667, Mar. 29, 2007, as amended at 89 FR 218, Jan. 2, 2024]

### Source

Source: 65 FR 31794, May 19, 2000, unless otherwise noted.

### Authority

Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28 U.S.C. 2461 note; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as amended; 31 CFR parts 285 and 900-904.

### Source

Source: 45 FR 15120, Mar. 7, 1980, unless otherwise noted.

### Amendments

[72 FR 14667, Mar. 29, 2007, as amended at 89 FR 218, Jan. 2, 2024]