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City of Portland

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2.16.170 Hearings.

A.  Purpose. The purpose of this Section is to provide persons or political committees adversely affected by administrative determinations and decisions made under this Chapter with a timely, effective, and impartial appeal and review of the determination. Hearings will be heard by a member of the outside panel of hearings officers recommended by the Public Campaign Finance Commission and appointed by the Director.

B.  Types of Hearings.

1.  Certification Hearings. A candidate who has received a determination denying certification or an opponent of a candidate who has been granted certification may challenge a certification decision by filing a written request for a hearing as outlined in Subsection 2.16.170 C.

2.  Matching Fund Hearings. A candidate who has received a determination granting or denying public contribution matching or an opponent of a candidate who has been granted public contribution matching may challenge the public contribution matching decision by filing a written request for a hearing as outlined in Subsection 2.16.170 C.

3.  Penalty Hearings. A candidate, person or political committee who has received a notice of proposed penalty from the Director may challenge the proposed penalty by filing a written request for a hearing as outlined in Subsection 2.16.170 C.

C.  Requests for Hearings.

1.  The written request for a hearing shall be filed with the Director not later than:

a.  7 days after the mailing of the determination for a certification or public contribution matching hearing; or

b.  7 days after the mailing of the notice of proposed penalty for a penalty hearing.

2.  The request shall be filed pursuant to forms and procedures recommended by the Commission and adopted by rule. The written request shall contain either a copy of, or a full and complete description of, the decision or determination appealed and a statement of grounds upon which it is contended that the decision or determination is invalid, unauthorized, or otherwise improper, together with such other information as the Director may by require by rule.

3.  No person or political committee other than those described in Subsection 2.16.170 B. may be a party to any hearing conducted under this Section.

D.  Conduct of Hearings.

1.  As provided in Section 2.16.130, the Public Campaign Finance Commission shall recommend to the Director for appointment an outside panel of hearings officers to review cases and make determinations under this Section.

2.  The Director shall designate and appoint the hearings officers based upon the recommendations of the Public Campaign Finance Commission.

3.  Written requests for hearings shall be filed with the Director within the deadlines established in Subsection 2.16.170 C. The Public Campaign Finance Commission shall coordinate with the hearings officer panel to assign a hearings officer to the case and set a hearing date within the timelines established in Subsection 2.16.170 D.4.

4.  The date set for hearings under this Section shall be:

a.  Not later than 7 days after the request for a certification or public contribution matching hearing is filed as outlined in Subsection 2.16.170 C.1.a.; or

b.  Not more than 14 days after the request for a penalty hearing is filed as outlined in Subsection 2.16.170 C.1.b.

5.  Notice.

a.  In the case of certification or public contribution matching hearings requested under Section 2.16.170 C.1.a.:

(1)  The Director shall give notice of receipt of a request for a hearing, together with a copy of the request, to all other candidates for the same office. The notice shall be sent not later than one business day after the request is filed with the Director.

(2)  The Director shall give notice of the hearing, together with a copy of the request for a hearing, to the Person who requested the hearing and all other candidates for the same office. The notice shall be sent not later than one business day after the date is set for the hearing. The notice shall specify the time, date, and place set for the hearing.

(3)  The notices required in Subsections 2.16.170 D.5.a.(1) and (2) may be combined.

b.  In the case of penalty hearings requested under Subsection 2.16.170 C.1.b., the Director shall give notice of the hearing to the person or political committee who requested the hearing. The notice shall be sent not later than one business day after the date is set for the hearing under Subsection 2.16.170 D.4. The notice shall specify the time, date, and place set for the hearing.

c.  Notices may be given by any method or combination of methods which, under the circumstances, is reasonably likely to apprise the parties of the hearing. Notice may be given by United States mail, phone, e-mail or other method authorized by rule. If notice is given by mail, such notice shall be deemed given and received three days (Sundays and holidays not included) after the notice is deposited in the United States mail. The failure of any Person to receive actual notice of the proceeding shall not invalidate the hearing or any determination, decision, or order of the hearings officer.

6.  The hearings shall be conducted in accordance with the provisions of Chapter 22.10, except as otherwise provided in this Section.

E.  Order of the Hearings Officer.

1.  The hearings officer shall issue an order not later than three business days after a certification public contribution matching or penalty hearing.

2.  In the case of a certification hearing, the hearings officer may uphold or revoke the certification.

3.  In the case of a public contribution matching hearing, the hearings officer may uphold or revoke public contribution matching, or modify a public contribution matching decision by revoking some or all public contribution matching or granting additional public contribution matching.

4.  In the case of a penalty hearing, the hearings officer may uphold, revoke or modify the penalty.

5.  The order of the hearings officer is a final decision of the City.

6.  Judicial review of an order made under this Section shall be as provided in Title 22.

F.  Return of Funds and Payment of Cost of Hearing.

1.  If the certification of a candidate is revoked following a hearing under this Section, the candidate shall return to the Director an amount of money equal to all revenues distributed to the candidate from the Public Election Fund after the date the candidate was certified, plus interest on the total amount of revenues received at a rate of 12 percent per annum, in addition to the penalty and interest on the penalty.

2.  If public contribution matching is revoked, the candidate shall return to the Director an amount of money equal to the amount of revoked public contribution matching distributed to the candidate from the Public Election Fund, plus interest on the total amount of public contribution matching received at a rate of 12 percent per annum.

3.  If the hearings officer or a court finds that a request for a hearing under this Section was made frivolously or to cause delay or hardship, the hearings officer or the court may require the person who filed the request for a hearing to pay costs of the hearings officer, court and opposing parties, and attorney fees of the opposing parties, if any.