§ 42-139-7 - Duties and powers of the secretary of state.
SECTION 42-139-7
§ 42-139-7 Duties and powers of thesecretary of state. – The secretary of state shall have authority to perform such duties as arenecessary to implement the provisions of this chapter. Without limiting thegenerality of the foregoing, the secretary of state is authorized and empoweredto:
(1) Develop forms for the making of the required financialreports.
(2) Develop registers for lobbyists who must registerpursuant to this chapter.
(3) Adopt rules and regulations to carry out the purposes ofthis chapter.
(4) Prepare and make available for public inspection throughthe office of the secretary of state summaries of all reports.
(5) Prepare and publish a manual for all persons,corporations or associations which engage any person as a lobbyist and for alllobbyists which sets forth the requirements of this chapter.
(6) Ascertain whether any person, corporation, association,or lobbyist has failed to register or file reports or has filed an incompleteor inaccurate report; and the secretary may, for good cause shown, extend thedates upon which reports are required to be filed.
(7) Conduct investigations and/or hearings relative toalleged violations of this chapter either on his or her own initiative or uponreceipt of a verified written complaint, which complaint shall, upon pain andpenalty of perjury, be based upon actual knowledge and not merely oninformation and belief. Upon completion of the investigation, if the secretaryof state has reason to believe that a violation has occurred, the secretary mayconvene a hearing for the purpose of taking evidence and receiving testimonyregarding the alleged violation. At this hearing, the person alleged to havecommitted the violation shall be afforded the opportunity to present evidenceand offer testimony in his or her defense. Upon completion of the hearing, ifthe secretary of state determines by a preponderance of the evidence that aviolation has occurred, the secretary shall order the lobbyist or personengaging a lobbyist to file such a report or amended report as is necessary tocorrect the violation forthwith. If the secretary determines by clear andconvincing evidence that the violation was intentional and that the violatorfailed to comply when given notice of the deficiency, then he or she may imposean administrative penalty as provided in § 22-10-11(a). Any determinationand/or administrative penalty imposed by the secretary of state may be appealedby the aggrieved party to superior court pursuant to the provisions of chapter35 of this title. If the secretary of state determines that the nature of theviolation was of such seriousness and willfulness as to warrant a criminalcomplaint, he or she may refer the violation to the attorney general forprosecution as provided for in § 22-10-11(b).
(8) Administer oaths.