FINACT18F-002-CCE.pdf
18F-002-CCE · Citizens Clean Elections Commission · 2018-03-27
Doug Ducey Damien R. Meyer Governor Chair
Thomas M. Collins Steve M. Titla Executive Director Mark S. Kimble Galen D. Paton Amy B. Chan Commissioners State of Arizona Citizens Clean Elections Commission 1616 W. Adams - Suite 110 - Phoenix, Arizona 85007 - Tel (602) 364-3477 - Fax (602) 364-3487 - www.azcleanelections.gov
March 26, 2018
VIA CERTIFIED MAIL AND ELECTRONIC MAIL
Mr. Jesus Rubalcava P.O. Box 863 Gila Bend, AZ 85337
[email redacted]
Dear Mr. Rubalcava:
As you are aware, the Arizona Citizens Clean Elections Commission (the “Commission”) found probable cause that you violated A.R.S. § 16-941(A)(1), (3), and (5); A.R.S. § 16-948; and A.A.C. 2-20-703, R2-20-115, and R2-20-110. On August 22, 2017, the Commission issued its Repayment Order, directing you to repay to the Commission $17,459.00. When you failed to comply with the Repayment Order, on November 22, 2017 the Commission imposed civil penalties pursuant to A.R.S. § 16-942(B).
You timely appealed the imposition of the civil penalties, and on February 12, 2018, a hearing was held before the Honorable Diane Mihalsky, Administrative Law Judge. As a result of that hearing, Judge Mihalsky issued a recommended order (the “Recommended Order”) on February 28, 2018, in which she made Findings of Facts and Conclusions of Law. Judge Mihalsky’s Recommended Order is enclosed with this letter.
In Conclusion of Law No. 8 of the Recommended Order, Judge Mihalsky recommends reducing the civil penalty assessed against you by $86.40, for a total civil penalty of $52,290.60. [Recommended Order at 22-23.] She also recommends that the Commission affirm its findings against you and order you to pay the full civil penalty to the Commission within thirty days of the effective date of the Final Administrative Decision entered in this matter. [Id. at 23.]
FINAL ADMINISTRATIVE DECISION
Pursuant to A.R.S. § 41-1092.08(B), the Commission hereby accepts Judge Mihalsky’s Recommended Order and incorporates by reference its Findings of Fact and Conclusions of Law into its Final Administrative Decision as if fully set forth herein. Accordingly, as recommended
1 by Judge Mihalsky’s Recommended Order, [id.], the Commission’s Final Administrative Decision is as follows:
1. The Commission affirms the finding that Mr. Rubalcava violated A.R.S. § 16- 941(A)(1).
2. The Commission affirms the finding that Mr. Rubalcava violated A.R.S. § 16- 941(A)(3).
3. The Commission affirms the finding that Mr. Rubalcava violated A.R.S. § 16- 941(A)(5).
4. The Commission affirms the finding that Mr. Rubalcava violated A.R.S. § 16- 948(C) and A.A.C. 2-20-703, R2-20-115, and R2-20-110.
5. It is further ordered that within thirty (30) days of the effective date of this Final Administrative Decision, Mr. Rubalcava shall pay to the Commission a civil penalty under A.R.S. § 16-942(B) in the amount of $52,290.60.
ACCORDINGLY, pursuant to this Final Administrative Decision, you are ordered to pay to the Commission the civil penalty of $52,290.60 within thirty days. Additionally, you are still responsible to pay the amount ordered in the Repayment Order, including any interest that accrues from the entry of that Order until it is repaid in full.
RIGHT TO APPEAL
Pursuant to A.R.S. § 16-957(B), you have fourteen (14) days from the date of issuance of the order to appeal to the superior court as provided in title 12, chapter 7, article 6.
Dated this 26th day of March, 2018.
FOR THE COMMISSION:
S/Damien R. Meyer
Damien R. Meyer Chairman, Arizona Citizens Clean Elections Commission
A copy of this Decision was sent by U.S. Certified Mail and emailed this 26th day of March, 2018, to:
Mr. Jesus Rubalcava P.O. Box 863 Gila Bend, AZ 85337 [email redacted] 2 Joseph E. La Rue Assistant Attorney General Office of the Arizona Attorney General 2005 North Central Avenue Phoenix, Arizona 85004 [email redacted]
Anne Froedge Assistant Attorney General Office of the Arizona Attorney General 2005 North Central Avenue Phoenix, Arizona 85004
3