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questing party pursuant to Rule 4 of the Colorado Rules of Civil Pro- <br />cedure. It shall be unlawful for a witness or party to fail to comply <br />with such subpoena, and any person convicted of a violation hereof <br />shall be punished in accordance with Section 1.28.010 of this Code. <br />M. At the hearing, the complainant and the respondent shall <br />be allowed to be heard. The complainant shall have the burden of <br />proof by proving the alleged violation by a preponderance of the <br />evidence. <br />N. Following the hearing, the hearing officer shall issue a de- <br />cision within fourteen (14) business days. The decision may be is- <br />sued orally at the conclusion of the hearing or may be issued in <br />writing, at the discretion of the hearing officer. <br />O. If the hearing officer determines that a violation has oc- <br />curred, the hearing officer's decision shall include any appropriate <br />order, sanction or relief authorized hereunder and may include, <br />without limitation, sanctions as follows: <br />1. Impose the civil penalties set forth in Subsection P; except <br />the hearing officer may increase or reduce the penalties upon a <br />finding of good cause or excusable neglect based on evidence pre- <br />sented at the hearing. <br />2. Order disclosure of the source and amount of any undis- <br />closed contributions or expenditures. <br />3. Order the return to the donor of any contribution made <br />which was the subject of the violation. <br />P. Civil fines for violations of Article XXVIII, or the FCPA or <br />this Chapter, are set forth below. Candidates shall be personally lia- <br />ble for fines imposed against the candidate's committee. In no <br />event shall the maximum total combined fines for all violations of <br />this section by a single person, candidate, or committee during a <br />single election cycle exceed $999.00. <br />1. Failure to file a report required by Article XXVIII or the FCPA, <br />other than independent expenditures, if not cured within seven <br />business days of notice of violation issued by the City Clerk: $400.00 <br />$200.00 2. Failure to file a report for independent expenditures: <br />3. After notification by the City Clerk, failure to cure a <br />report/violation within the specified time period: $499.00 <br />4. Accepting a contribution prohibited by Article XXVIII, or the <br />FCPA or this Chapter:_ $400; except that it shall not be considered a <br />violation if the contribution is returned within 72 hours of its re- <br />ceipt. Each prohibited contribution accepted shall be a separate vi- <br />olation. <br />5. Acting as a conduit in violation of Article XXVIII or the <br />FCPA,: $400.00 for each violation <br />6. Failing to disclose a contribution or expenditure, including <br />obligations entered into by the committee: $100.00 for each viola- <br />tion <br />7. Failure to timely file a candidate affidavit: $100.00 <br />8. Failure to file a candidate committee, political committee or <br />issue committee statement of registration: $100.00 <br />9. Failure to deposit funds in a separate account in a financial <br />institution: $100.00 <br />10. Accepting coin or currency in excess ofthe limits set by Ar- <br />ticle XXVIII or the FCPA: $50.00 for each violation <br />11. Use of unexpended campaign funds in violation of Article <br />XXVIII or the FCPA: $400.00 <br />12. Encouraging withdrawal from a campaign: $499.00 <br />13. Any violation of Article XXVIII, or the FCPA or this Chapter, <br />not otherwise set forth herein: $100.00 per violation <br />Q. The City Clerk shall reconcile all fines issued during an <br />election cycle, including any 1'udgment entered by the hearing offi- <br />cer, and adjust the amount due such that no single person, candi- <br />date, or committee owes more than $999.00 during a single election <br />cycle. <br />