11 C.F.R. § 111.9

The reason to believe finding; notification (52 U.S.C. 30109(a)(2))

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(a) If the Commission, either after reviewing a complaint-generated recommendation as described in 11 CFR 111.7 and any response of a respondent submitted pursuant to 11 CFR 111.6, or after reviewing an internally-generated recommendation as described in 11 CFR 111.8, determines by an affirmative vote of four (4) of its members that it has reason to believe that a respondent has violated a statute or regulation over which the Commission has jurisdiction, its Chairman or Vice Chairman shall notify such respondent of the Commission's finding in writing, setting forth the sections of the statute or regulations alleged to have been violated and the alleged factual basis supporting the finding.

(b) If the Commission finds no reason to believe, or otherwise terminates its proceedings, the General Counsel shall so advise both complainant and respondent in writing.

[45 FR 15120, Mar. 7, 1980, as amended at 89 FR 217, Jan. 2, 2024]
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1986–2024 · leading case: An opinion was released in case 23-7040, Campaign Legal Ctr. v. 45Committee, Inc., 118 F.4th 378 (D.C. Cir. 2024).
An opinion was released in case 23-7040, Campaign Legal Ctr. v. 45Committee, Inc., 118 F.4th 378 (D.C. Cir. 2024). · cites it 2× “Importantly, a dismissal differs from a failed reason-to-believe vote—that is, a vote on whether to find “reason to believe” that fails because fewer than four Commissioners so find.”
Spannaus v. Fed. Election Comm'n, 641 F. Supp. 1520 (S.D.N.Y. 1986). · cites it 2× “shall notify such respondent of [its] finding by letter, setting forth the sections of the statute or regulations alleged to have been violated and the alleged factual basis supporting the finding”).”
Hagelin v. Fed. Election Comm'n, 332 F. Supp. 2d 71 (D.D.C. 2004). “17 , the FEC must complete all of the following steps: (1) issue legal and factual findings in support of the FEC’s “reason to believe” decision, in accord with this court’s opinion and order, 11 C.F.R § 111.9(a); (2) conduct an investigation, id.”
United States Def. Comm. v. Fed. Election Comm'n, 861 F.2d 765 (2d Cir. 1988). “§ 437g(a)(2), 11 C.F.R. § 111.9 (a), and may submit a legal and factual response to the “reason to believe” finding.”
Heritage Action for Am. v. Fed. Election Comm'n (D.D.C. 2023). · cites it 3× “§ 30109 (a)(4)(B)(ii); 11 C.F.R. §§ 111.9 (b), 111.20(a)). Therefore, Heritage Action is “entitled to have [the Commission’s] current approach ascertained and its lawfulness adjudicated.”
Free Speech for People v. Fed. Election Comm'n (D.D.C. 2020). “See 11 C.F.R. § 111.9 (a). Only if the Commission makes a no-reason-to-believe finding, or otherwise terminates the proceedings at this stage, must it notify both the respondent and the complainant.”
— 11 C.F.R. § 111.9(a) — 1 case
Hagelin v. Fed. Election Comm'n, 332 F. Supp. 2d 71 (D.D.C. 2004). “17 , the FEC must complete all of the following steps: (1) issue legal and factual findings in support of the FEC’s “reason to believe” decision, in accord with this court’s opinion and order, 11 C.F.R § 111.9(a); (2) conduct an investigation, id.”
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