(a) Upon completion of the investigation, the General Counsel shall prepare a brief setting forth his or her position on the factual and legal issues of the case and containing a recommendation on whether or not the Commission should find probable cause to believe that a violation has occurred or is about to occur.
(b) The General Counsel shall notify each respondent of the recommendation and provide a copy of his or her brief.
(c) Within fifteen (15) days from receipt of the General Counsel's brief, respondent may file a brief with the Commission Secretary, setting forth respondent's position on the factual and legal issues of the case.
(d) After reviewing the respondent's brief, the General Counsel shall advise the Commission in writing whether he or she intends to proceed with the recommendation or to withdraw the recommendation from Commission consideration.
[45 FR 15120, Mar. 7, 1980, as amended at 50 FR 50778, Dec. 12, 1985; 82 FR 60853, Dec. 26, 2017; 89 FR 217, Jan. 2, 2024]
Notes of Decisions
All. for Democracy v. Fed. Election Comm'n, 335 F. Supp. 2d 39 (D.D.C. 2004).
“11 C.F.R. § 111.16 . Upon consideration of the briefs and report, the Commission determines whether or not there is “probable cause to believe” a violation has occurred.”
Free Speech for People v. Fed. Election Comm'n (D.D.C. 2020).
“The respondent is then given the opportunity to address the recommendation, 11 C.F.R. § 111.16 (c), and if, after receiving such a response, the General Counsel persists in its recommendation, id.”
Giffords v. Fed. Election Comm'n (D.D.C. 2021).
“11 C.F.R. § 111.16 . Based on the evidence and additional submissions from the respondents, the Commissioners then vote to determine whether there is “probable cause to believe” that a violation occurred.”
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