8 Colo. Code Regs. § 1505-8-6

Current through Register Vol. 47, No. 22, November 25, 2024

Rule 8 CCR 1505-8-6 - Requests for Waiver or Reduction of penalties

6.1 A professional lobbyist or a lobbying firm may ask the division to waive or reduce a penalty automatically imposed in the electronic filing system by submitting a written request, on the Secretary of State's approved form, by electronic mail or mail within 30 days of the imposition of a penalty. The request must include:

6.1.1 The professional lobbyist's or lobbying firm's name;

6.1.2 The request date;

6.1.3 The specific disclosure statement that the lobbyist or lobbying firm is requesting a waiver or reduction of a penalty from; and

6.1.4 A brief summary of the reason, circumstances, or other justification of the bona fide personal emergency.

6.2 Bona fide personal emergency

6.2.1 The Division will grant a waiver upon evidence of a bona fide personal emergency.

6.2.2 A bona fide personal emergency includes:

(a) A medical emergency involving the individual responsible for filing the required disclosure report or the individual's family.

(b) An nonmedical emergency that made the timely filing of a disclosure statement an impracticability.

6.3 The division may consider all appropriate facts and circumstances when granting or rejecting a waiver request or reducing an imposed penalty. The division may also consider:

6.3.1 The frequency of requests to waive or reduce a penalty within a two-year period;

6.3.2 Efforts to mitigate or remedy the failure to file;

6.3.3 Whether the delinquent filer was required to register as a professional lobbyist; and

6.3.4 Whether the professional lobbyist or lobbying firm demonstrated a commitment to meet the requirements of Colorado's lobbying laws.

6.4 The division will not consider a waiver request after a penalty has been paid.

6.5 A professional lobbyist or lobbying firm may request that the division reconsider a request for waiver or reduction of lobbying penalties.

6.6 When reducing a penalty, the division will round to the highest $20. The division will not reduce a penalty to an amount less than $20, unless it grants a full waiver.

6.7 The division may grant an exception to the electronic filing requirement based on hardship or good cause shown.

6.7.1 All applications for an exception must include a brief statement of the hardship or good cause for the requested exception.

6.7.2 A professional lobbyist or lobbying firm must submit written documentation on the Secretary of State's approved form to the division at least 15 calendar days before the first applicable filing deadline, unless the exception is based on emergency circumstances arising after the deadline, in which case the professional lobbyist or lobbying firm must describe the nature of the emergency in the application.

6.7.3 Filing the application for exception based on emergency circumstances does not delay any reporting deadlines. If, however, a penalty is imposed for failure to file a disclosure statement on the due date, the division may reduce or waive the penalty in accordance with section 24-6-302(7), C.R.S.

8 CCR 1505-8-6

41 CR 11, June 10, 2018, effective 6/30/2018

43 CR 01, January 10, 2020, effective 1/30/2020

44 CR 12, June 25, 2021, effective 7/30/2021