111.35—If the respondent decides to challenge the alleged violation or proposed civil money penalty, what should the respondent do?
(a)
To challenge a reason to believe finding or proposed civil money penalty, the respondent must submit a written response to the Commission within forty (40) days of the Commission's reason to believe finding.
(b)
The respondent's written response must assert at least one of the following grounds for challenging the reason to believe finding or proposed civil money penalty:
(1)
The Commission's reason to believe finding is based on a factual error including, but not limited to, the committee was not required to file the report, or the committee timely filed the report in accordance with 11 CFR 100.19 ;
(i)
The respondent was prevented from filing in a timely manner by reasonably unforeseen circumstances that were beyond the control of the respondent; and
(c)
Circumstances that will be considered reasonably unforeseen and beyond the control of respondent include, but are not limited to:
(1)
A failure of Commission computers or Commission-provided software despite the respondent seeking technical assistance from Commission personnel and resources;
(2)
A widespread disruption of information transmissions over the Internet not caused by any failure of the Commission's or respondent's computer systems or Internet service provider; and
(d)
Circumstances that will not be considered reasonably unforeseen and beyond the control of respondent include, but are not limited to:
(e)
Respondent's written response must detail the factual basis supporting its challenge and include supporting documentation.