211B.32 COMPLAINTS OF UNFAIR CAMPAIGN PRACTICES.
Subdivision 1. Administrative remedy; exhaustion.
A complaint alleging a violation of
chapter 211A or 211B must be filed with the office. The complaint must be finally disposed of by
the office before the alleged violation may be prosecuted by a county attorney.
Subd. 2. Limitation on filing.
The complaint must be filed with the office within one year
after the occurrence of the act or failure to act that is the subject of the complaint, except that
if the act or failure to act involves fraud, concealment, or misrepresentation that could not be
discovered during that one-year period, the complaint may be filed with the office within one year
after the fraud, concealment, or misrepresentation was discovered.
Subd. 3. Form of complaint.
The complaint must be in writing, submitted under oath,
and detail the factual basis for the claim that a violation of law has occurred. The office may
prescribe the form of a complaint.
Subd. 4. Proof of claim.
The burden of proving the allegations in the complaint is on the
complainant. The standard of proof of a violation of section
, relating to false statements
in paid political advertising or campaign material, is clear and convincing evidence. The standard
of proof of any other violation of chapter 211A or 211B is a preponderance of the evidence.
Subd. 5. Filing fee; waiver; refund.
(a) The complaint must be accompanied by a filing fee
of $50, unless filed by a filing officer under section
211A.05, subdivision 2
(b) The office may waive the payment of the filing fee, if the individual seeking a waiver
of the fee files with the office an affidavit stating that the individual is financially unable to
pay the fee.
(c) The office may refund the filing fee of a complainant who prevails on the merits.
Subd. 6. Service on respondent.
Upon receipt of the filed complaint, the office must
immediately notify the respondent and provide the respondent with a copy of the complaint by the
most expeditious means available.
History: 2004 c 277 s 7