§ 111.16 - The probable cause to believe recommendation; briefing procedures (52 U.S.C. 30109 (a)(3)).

§ 111.16 The probable cause to believe recommendation; briefing procedures (52 U.S.C. 30109 (a)(3)).

Cross Reference

Link to an amendment published at 89 FR 217, Jan. 2, 2024.

(a) Upon completion of the investigation, the General Counsel shall prepare a brief setting forth his or her position on the factual and legal issues of the case and containing a recommendation on whether or not the Commission should find probable cause to believe that a violation has occurred or is about to occur.

(b) The General Counsel shall notify each respondent of the recommendation and enclose provide a copy of his or her brief.

(c) Within fifteen (15) days from receipt of the General Counsel's brief, respondent may file a brief with the Commission Secretary, Federal Election Commission, at the street address identified in the definition of “Commission” in § 1.2, setting forth respondent's position on the factual and legal issues of the case. If possible, ten

(

10) copies of such brief should be filed with the Commission Secretary and three (3) copies should be submitted to the General Counsel, Federal Election Commission, at the street address identified in the definition of “Commission” in § 1.2.

(d) After reviewing the respondent's brief, the General Counsel shall advise the Commission in writing whether he or she intends to proceed with the recommendation or to withdraw the recommendation from Commission consideration.

[45 FR 15120, Mar. 7, 1980, as amended at 50 FR 50778, Dec. 12, 1985; 82 FR 60853, Dec. 26, 2017; 89 FR 217, Jan. 2, 2024]