Tyler, Jennifer (2): Alleged violations of RCW 42.17A.220 for accepting and retaining over-limit anonymous contributions (EY 18; Jul 18)

Case

#54838

Respondent

Jennifer Tyler

Complainant

Glen Morgan

Description

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Jennifer Tyler by email and mail on November 20, 2020, a brief adjudicative proceeding was held remotely on December 3, 2020, telephonically via Microsoft Teams, to consider whether Jennifer Tyler violated: (1) RCW 42.17A.220 for accepting and retaining over-limit anonymous contributions; and (2) RCW 42.17A.235 by failing to file a Post General Election Summary Full Campaign Contribution and Expenditure (C-4) report.

The hearing was held in accordance with Chapters 34.05 RCW and 42.17A RCW and Chapter 390-37 WAC. Commission Chair David Ammons was the Presiding Officer.  The Commission staff was represented by Alice Fiman, Compliance Officer. Jennifer Tyler did not participate in the hearing or submit any written materials in response to the hearing notice.

CONCLUSIONS OF LAW

Based on the above facts, as a matter of law, the Presiding Officer concludes as follows:

  1. This matter was duly and properly convened and all jurisdictional, substantive, and procedural requirements have been satisfied.
  2. Jennifer Tyler violated RCW 42.17A.220 for accepting and retaining over-limit anonymous contributions, and not escheating the overage to the Washington State General Fund as required.
  3. Jennifer Tyler violated RCW 42.17A.235 by failing to file a Post Summary Full Campaign Contribution and Expenditure (C-4) report which was due to be filed no later than December 10, 2018.

ORDER

ON the basis of the foregoing Findings of Fact and Conclusions of Law, IT IS HEREBY ORDERED Jennifer Tyler is assessed a civil penalty of $571.25 in accordance with RCW 42.17A and the Brief Enforcement penalty schedule set forth in WAC 390-37-143. The $571.25 civil penalty assessed by the Presiding Officer is broken down as follows:

  1. $421.25 of the civil penalty was assessed for the violation of RCW 42.17A.220 for exceeding the anonymous contribution limits and failing to escheat the overage to the Washington State General Fund.
  2. $150 of the civil penalty was assessed for the violation of RCW 42.17A.235 for failing to file a Post General Election Summary Full Campaign Contribution and Expenditure report (C-4 report).

The $571.25 civil penalty assessed in this matter is payable within 30 days of the date of this Order.

​In the event the Respondent fails to pay the $571.25 civil penalty within 30 days of the date of the Order, PDC staff is directed to refer the matter to the Department of Enterprise Services (DES) for total collection of the amount owed.

Disposition

Violation Found by Commission

Date Opened

July 17, 2019

Areas of Law

RCW 42.17A.220

Documents

Penalties

Total penalties: $571

Balance Due: $571

Jennifer Tyler

Penalty
$571 (Assessed a civil penalty of $571.25 in accordance with RCW 42.17A and the Brief Enforcement penalty schedule set forth in WAC 390-37-143. The $571.25 civil penalty assessed by the Presiding Officer is broken down as follows: 1. $421.25 of the civil penalty was assessed for the violation of RCW 42.17A.220 for exceeding the anonymous contribution limits and failing to escheat the overage to the Washington State General Fund. 2. $150 of the civil penalty was assessed for the violation of RCW 42.17A.235 for failing to file a Post General Election Summary Full Campaign Contribution and Expenditure report (C-4 report).)

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