Morgan, Martin: Alleged violations of RCW 42.17A.205, .215, 235 & .240 for failure to timely register as a candidate & report depository in 2019; and report deposits, contributions & expenditures for election years 2015, 2017 & 2019. (Oct '19)

Case

#58694

Respondent

Martin Morgan

Complainant

David Asher

Description

Pursuant to the brief enforcement hearing (brief adjudicative proceeding) notice sent to Martin Morgan on January 13, 2020, a brief adjudicative proceeding was held on January 23, 2020, in Room 206, Evergreen Plaza Building, 711 Capitol Way, Olympia, Washington, to consider whether the Respondent violated RCW 42.17A.205 by failing to file a Candidate Registration (C-1 report) and RCW 42.17A.700 by failing to timely file Personal Financial Affairs Statement (F-1 report) as a candidate for the 2019 election cycle, disclosing campaign information and financial activities for the previous 12 calendar months. The C-1 and F-1 reports were due within two weeks of declaring candidacy, or no later than June 3, 2019. 

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 Jennifer Hansen, Compliance Officer.  The Respondent did not participate in the hearing or submit any written materials. 
 

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. The Respondent violated RCW 42.17A.205 and RCW 42.17A.700 by failing to file the C-1 and F-1 reports within two weeks of declaring candidacy, or no later than June 3, 2019. 

3. The Respondent violated the conditions of the Order entered on August 21, 2015 in PDC Case No. 16-210 by failing to file the C-1 and F-1 reports due to be filed within two weeks of declaring candidacy, or no later than June 3, 2019. 

ORDER 

ON the basis of the foregoing Findings of Fact and Conclusions of Law, 

IT IS HEREBY ORDERED that: the Respondent is assessed a civil penalty of $300, in accordance with the C-1 and F-1 penalty schedule set forth in WAC 390-37-143;  the $100 suspended penalty for a violation found in PDC Case No. 16-210 is reinstated; and the full penalty amount of $400 is payable within 30 days of the date of the Order.  
 

In the event the Respondent fails to pay the $400 civil penalty within 30 days of the date of the Order, PDC staff will refer the matter for collections. 

Disposition

Violation Found by Commission

Date Opened

October 15, 2019

Areas of Law

RCW 42.17A.205, RCW 42.17A.215, RCW 42.17A.235, RCW 42.17A.240

Penalties

Total penalties: $400

Balance Due: $200

Martin Morgan

Penalty
$400 (Violation of RCW 42.17A.205 & RCW 42.17A.700. Violated conditions of the Order entered on August 21, 2015 in PDC Case No. 16-210)
Suspended
$200 ($200 of $400 suspended if no violations of RCW 42.17A or Title 390 WAC w/in 4 years; the Respondent is currently in compliance; the non-suspended $200 paid w/in 30 days (9/10/21) or payment arrangements made by (8/25/21))
Reinstated
$200
Payments
$200 on 10/07/2021 (PAID)

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