Mich. Admin. Code R. 169.63 - Unauthorized disbursement

Rule 63.

(1) An officeholder's expense fund report shall include information which is sufficient to establish that each disbursement from the fund was for the payment of an expense incidental to the elected public official's office.

(2) If, upon examination of a report, the secretary of state is unable to determine whether a disbursement from an officeholder's expense fund was made in compliance with the act and these rules, the secretary of state shall request additional information or documentation which is sufficient to establish that the disbursement was for an expense incidental to office.

(3) If the secretary of state determines, after receiving the information or documentation required under subrule (2) of this rule, that a disbursement from an officeholder's expense fund was not made in compliance with the act and these rules, the secretary of state shall request the public official to reimburse an amount equivalent to the unauthorized disbursement to the officeholder's expense fund.

(4) If a public official fails to respond within 21 days to a request made under subrule (2) or (3) of this rule, the secretary of state shall refer the matter to the attorney general for commencement of an action to recover the unauthorized disbursement from the officeholder's expense fund. A referral made under this subrule shall not prevent the secretary of state from proceeding under part 5 of these rules.

Notes

Mich. Admin. Code R. 169.63

1989 AACS