30 NCAC 10D .0502          SANCTION CRITERIA

The Commission may consider one or more of the following criteria in imposing sanctions:

(1)           the length of time the respondent has been engaged in lobbying for payment;

(2)           the length of time the respondent has been paying an individual to lobby on its behalf;

(3)           the length of time the respondent has been registered as a lobbyist or liaison personnel;

(4)           the length of time the respondent has been registered as a lobbyist principal;

(5)           the number of past violations of G.S. 120C by the respondent;

(6)           the number of times the respondent has received a warning letter;

(7)           whether the respondent knew or should have known that the conduct or activity was a violation of Article 1, 3, 5, or 7 of G.S. 120C;

(8)           the nature and number of violations in the complaint;

(9)           the duration of the violation;

(10)         whether the respondent attempted to correct the violation prior to a complaint being filed;

(11)         the result or effect of the violation;

(12)         whether the violation was inadvertent or intentional;

(13)         whether the respondent has received advice, informal or formal, from the Commission regarding the conduct or activity giving rise to the violation;

(14)         the scope of the lobbying activity concealed;

(15)         the amount of the resources expended to violate the law;

(16)         the amount of expenditures concealed; or

(17)         any other criteria that the Commission deems reasonable to assist with the determination of sanctions.

History Note:        Authority G.S. 120C-101(a); 120C-601; 120C-602;

Eff. June 1, 2014.