North Carolina Administrative Code
Title 18 - SECRETARY OF STATE
Chapter 12 - LOBBYING
Section .0100 - GENERAL
Section 12 .0106 - FACTORS FOR WAIVERS
Current through Register Vol. 38, No. 18, March 15, 2024
Factors which may be used to determine whether to grant a waiver to a person or entity requesting a waiver (the "requester") are:
(1) Whether the requester had control over the circumstances which underlie the requested waiver;
(2) Previous requests from the requester for waivers by the Secretary;
(3) The nature, number and severity of the violations;
(4) The nature and severity of the actual or potential harm to the public, group, individual, lobbyist, principal or designated individual;
(5) The requester's record for timeliness, completeness and accuracy of filings with the Department;
(6) History of prior sanctions imposed by the Department on the requester;
(7) Evidence in mitigation and aggravation;
(8) Willfulness of the violation by the requester;
(9) Negligence on the part of the requestor which contributed to the violation;
(10) Impact of the granting of the waiver on consistency of enforcement by the Secretary.
Authority
G.S.
120C-101(a);
120C-101(b);
120C-200;
120C-206;
120C-207;
120C-215;
120C-400(h);
120C-401;
120C-402;
120C-403;
120C-404;
120C-600;
120C-800;
150B-19(6);
Eff. December 1, 2007;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. September 23,
2017.
