[Federal Register Volume 74, Number 207 (Wednesday, October 28, 2009)]
[Rules and Regulations]
[Page 55443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-25900]



[[Page 55443]]

=======================================================================
-----------------------------------------------------------------------

FEDERAL ELECTION COMMISSION

11 CFR Part 111

[Notice 2009-24]


Amendment of Agency Procedures for Probable Cause Hearings

AGENCY: Federal Election Commission.

ACTION: Agency procedure; amendment.

-----------------------------------------------------------------------

SUMMARY: On November 19, 2007, the Federal Election Commission 
(``Commission'') published a procedural rule making permanent a program 
allowing respondents in enforcement proceedings under the Federal 
Election Campaign Act, to have a hearing before the Commission. The 
Commission is now amending its procedures to provide that the 
Commissioners may ask questions of the General Counsel and the Staff 
Director, and their staff, during probable cause hearings. This 
amendment will conform the procedures for enforcement hearing with the 
Commission's procedures for audit hearing published earlier this year.

DATES: The amended hearing procedures will be effective on October 28, 
2009.

FOR FURTHER INFORMATION CONTACT: Mr. Mark D. Shonkwiler, Assistant 
General Counsel, 999 E Street, NW., Washington, DC 20463, (202) 694-
1650 or (800) 424-9530.

SUPPLEMENTARY INFORMATION: The Federal Election Commission is amending 
its procedures to provide that Commissioners may ask questions of the 
General Counsel and the Staff Director, and their staff, during 
probable cause hearings.

I. Background

    On October 25, 2007, the Commission adopted an agency procedure 
that made permanent a program that allows respondents in enforcement 
proceedings under the Federal Election Campaign Act (``FECA''), to have 
a hearing before the Commission prior to the Commission's consideration 
of the General Counsel's recommendation on whether to find probable 
cause to believe that a violation has occurred. See Procedural Rules 
for Probable Cause Hearings, 72 FR 64919 (Nov. 19, 2007) (``PC Hearing 
Procedures''). In PC Hearing Procedures, the Commission indicated that 
during probable cause hearings, ``[r]espondents (or their counsel) will 
have the opportunity to present their arguments, and Commissioners, the 
General Counsel, and the Staff Director will have the opportunity to 
pose questions to the respondent, or respondent's counsel, if 
represented.'' PC Hearing Procedures, 72 FR at 64920. The PC Hearing 
Procedures did not specifically address whether Commissioners could 
pose questions to the General Counsel and the Staff Director during 
probable cause hearings.
    On June 25, 2009, based in part upon its experience with the 
probable cause hearing program, the Commission adopted a new agency 
procedure providing committees that are audited by the Commission, 
pursuant to the FECA, with the opportunity to have a hearing before the 
Commission prior to the Commission's adoption of a Final Audit Report. 
See Procedural Rules for Audit Hearings, 74 FR 33140 (July 10, 2009) 
(``Audit Hearing Procedures''). In Audit Hearing Procedures, the 
Commission indicated that during audit hearings, ``Commissioners will 
have the opportunity to pose questions to the audited committee, and 
Commissioners may ask questions designed to elicit clarification from 
the Office of General Counsel or Office of the Staff Director.'' Audit 
Hearing Procedures, 74 FR at 33142.

II. Amendment of Agency Procedures for Probable Cause Hearings

    Consistent with the recently adopted agency procedures for audit 
hearings, the Commission is amending its procedures for probable cause 
hearings to specifically provide that Commissioners may ask questions 
during probable cause hearings designed to elicit clarification from 
the Office of General Counsel or Office of the Staff Director. The 
Commission is not making any other changes to its procedures for 
probable cause hearings.

Conclusion

    This document amends an agency practice or procedure. This document 
does not constitute an agency regulation requiring notice of proposed 
rulemaking, opportunities for public comment, prior publication, and 
delay effective under 5 U.S.C. 553 of the Administrative Procedure Act 
(``APA''). The provisions of the Regulatory Flexibility Act, 5 U.S.C. 
605(b), which apply when notice and comment are required by the APA or 
another statute, are not applicable.

    On behalf of the Commission.

    Dated: October 22, 2009.
Steven T. Walther,
Chairman, Federal Election Commission.
[FR Doc. E9-25900 Filed 10-27-09; 8:45 am]
BILLING CODE 6715-01-P