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PDC imposes $150 fine after finding campaign exceeded small-filer limits while awaiting full-reporting approval
Summary
After a contested hearing, the commission found a campaign exceeded mini reporting limits during an August application to switch to full reporting, assessed a $150 fine and imposed a four-year no-violation condition; respondent's counsel argued processing delays and raised constitutional and APA concerns which the commission declined to adjudicate at the hearing.
The Public Disclosure Commission concluded a contested enforcement case in which staff alleged a campaign exceeded small-filer ("mini") reporting limits while it sought approval to switch to full reporting. Staff presented evidence that the application to switch was received in August, that the applicant was advised to remain within mini limits during the review period, and that the campaign nonetheless exceeded those limits. The respondent's counsel (Edwards) acknowledged the statutory language was violated but argued staff abused discretion and that administrative rules or processing delays made compliance impossible; he preserved constitutional and Administrative Procedure Act (APA) claims for appeal.
Commissioner Leach characterized the behavior as a "calculated risk" taken by the campaign; Chair Hayward and Leach agreed to assess a $150 penalty, the amount staff recommended, and impose a condition of no further violations for four years. Staff said the matter had been offered a statement of understanding (SOU) before a hearing and that respondents had the option to resolve administratively. Giles Klein (staff) rebutted that respondents were specifically told not to exceed the mini limits during the application review and that the campaign repeatedly and blatantly exceeded them.
Edwards (respondent counsel): "If director LaValle had timely approved the application our campaign submitted back on August 19, the campaign would not have exceeded the mini reporting limits..." (argument preserved for appeal)
Giles Klein (staff): "Administrative bodies do not have the authority to determine the constitutionality of the laws they administer... Only the courts can do that." (staff response)
The commission treated the facts as stipulated for purposes of remedy, concluded a violation under RCW 42.17A.615 and WAC rules governing reporting status, and assessed the $150 penalty recommended by staff.
