Code of Massachusetts Regulations
970 CMR - OFFICE OF CAMPAIGN AND POLITICAL FINANCE
Title 970 CMR 3.00 - Rules of procedure
Section 3.07 - Disposition of Matters

Universal Citation: 970 MA Code of Regs 970.3

Current through Register 1518, March 29, 2024

(1) The Director may, in his or her discretion, dispose of any matter before him or her through any administrative disposition. This may include, but shall not be limited to, entering into Disposition Agreements with candidates, treasurers and any other person or entity. If the Director requires a candidate, treasurer or any other person to submit an affidavit or statement attesting to certain facts in order to dispose of a matter before him or her, the affidavit or statement must be signed under the pains and penalties of perjury. Affidavits may also be required in matters that are ultimately referred to the Office of the Attorney General.

(2) Referral to the Attorney General. The Director may refer to the attorney general evidence of any violation of M.G.L. c. 55 and any regulations promulgated thereunder.

(a) Such referral may not be made until the Director has notified the alleged violator, by registered mail, return receipt requested, by personal delivery, by leaving a copy of the notice at the person's last and usual place of residence or by delivering a copy of the notice to an attorney who has appeared on behalf of the alleged violator, of his intention to present such evidence to the attorney general;

(b) Within ten days of receipt of such notice, an alleged violator may request a hearing before the Director, for the purpose of presenting any evidence to the contrary, in accordance with 970 CMR 3.06(1)(b);

(c) The Director shall not refer any such evidence until after the hearing, if requested, is held;

(d) Evidence shall be presented by the Director to the Attorney General not later than 120 days before or three years after the relevant election or, if the evidence does not relate to an identifiable election, not later than three years after the violation.

(3) Reference to Subpoenas. The Director may, in public resolution letters and disposition agreements, make reference to subpoenas that have been issued during the course of the office's review.

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