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HomeMy WebLinkAbout144-SL, Alliance of Automotive Service Providers-PennsylvaniaPHONE: 717-783-1610 TOLL FREE: 1-800-932-0936 STATE ETHICS COMMISSION FINANCE BUILDING 613 NORTH STREET, ROOM 309 HARRISBURG, PA 17120-0400 In Re: Alliance of Automotive Service Providers -Pennsylvania, Respondent FACSIMILE: 717-787-0806 WEBSITE: WWmeth1g0,.pa,ggV File Docket: 194C07-L X-ref- Order No. 144-SL Date Decided: 9/26/19 Date Mailed: 10/16/19 Before: Nicholas A. Colafella, Chair Mark R. Corrigan, Vice Chair Roger Nick Melanie DePalma Michael A. Schwartz Shelley Y. Simms This is a final adjudication of the State Ethics Commission as to the alleged delinquency and/or deficiency of expense report�) required to be filed pursuantto Pennsylvania's lobbying disclosure law, 65 Pa.C.S. 13A0I et sect., hereinafter referred to as the "Lobbying Disclosure Law." The Investigative Division initiated these proceedings by filing with the State Ethics Commission and serving upon Respondent Alliance of Automotive Service Providers - Pennsylvania (hereinafter also referred to as "Respondent") a Notice of Alleged Noncompliance. Respondent did not file an Answer, Appeal, or other Request for Hearing. A Stipulation of Findings and a Consent Agreement and Amended Consent Agreement were subsequently submitted by the parties to the Commission for consideration. The Stipulated Findings are set forth as the Findings in this Order. The Consent Agreement as amended (hereinafter referred to as the "Consent Agreement") has been approved. Effective January 1, 2017, the Pennsylvania Department of State ("Department of State") increased the thresholds under 65 Pa.C.S. § 13A06 for registration under 66 Pa.C.S. § 13A04 and the threshold for reporting under 65 Pa.C.S. § 13A05(d) from $2,500.00 to $3,000.00. In 2018 the Lobbying Disclosure Law was amended by Act 2 of 2018, and as of April 16,2018, the Department of State will not accept paper registrations or expense reports. That Respondent, in its capacity as a principal registered with the Department of State pursuant to the Lobbying Disclosure Law (65 Pa.C.S. § 13A01 et seg.), failed to include the name and emailaddress of an authorized re resentati;Te—,employee, or agent on its principal registration pursuant to 65 Pa.C.S. I 13A04 and failed to timely file a quarter expense report pursuant to 65 Pa.C.S. 13A05 for the fourth (4t�) quarter of 2018. Respondent is Alliance of Automotive Service Providers -Pennsylvania ("Respondent') and was a registered grinciO as that term is defined by the Lobbying Disclosure Law, Act 134 of 20 6, 6! Pa.C.S. § 13A01 et se §_q a. Respondent initially registered as a principal with the Department of State on January 10, 2007, for the registration period January 1, 2007, through December 31, 2008. Alliance of Automotive Service Providers -Pennsylvania, 19-007-L Page b. Respondent's registration statement indicates that lobbying commenced on January 2, 2007. 2. Respondent filed a principal registration statement with the Deartment of State for the registration period January 1, 2017, through December 31, 2018, a. By registering with the Department of State, Respondent consented to receive service of notices, other official mailings, or process at the address listed on the registration statement. b. Respondent was assigned the principal registration number "P02330." C. In filing its principal registration, Respondent identified its registered mailing address as: 2151 Greenwood Street Harrisburg, PA 17104 3. The Lobbying Disclosure Law, specifically 65 Pa.C.S. § 13A04, states the following regarding the registration of an entity as a principal: § 13A04. Registration a. General rule. --Unless excluded under section 13A06 (relatingto exemption from registration and reporting), a lobbyist, lobbying firm or a principal must register with the department electronically using the computerized filing system developed by the department that is consistent with the purposes of this chapter within ten i days of acting n any capacity as a lobbyist, lobbying firm or principal. Re istration shall be biennial and shall begin January 1, 207. b. Principals and lobbying firms.-- 1 A principal or lobbying firm required to register under subsection (a) shall file a single registration statement setting forth the following information with the department: i. Name of the business. ii. Permanent address. iii. Daytime teleThone number. iv. E-mail ad ress of the authorized representative employee or agent, if available. V. Nature of business. vi. Name, registration number and acronym of any affiliated political action committees. Vii. Name and permanent business address of each individual who will for economic consideration engage in lobbying on behalf of the principal or lobbying firm. viii. Registration number when available, Alliance of Automotive Service Providers -Penns lvania, 19-007-L age ix. Name of the authorized representative, employee or agent. If there is a change of information required for the registration statement under subsection (%1) or (2) or (c), an amended registration sta ement shall be filed with the department electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter within 14 days after the change occurs. When there is a change in information required for the registration statement under subsection (b)(3), an amended registration statement shall be filed with the department electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter within 14 days of the end of the year in which the change occurs. 65 Pa.C.S. § 13A04(a), (b)(1), (d), In addition to the Lobbying Disclosure Law, the duly promulgated Regulations provide further information in relation to registration periods anTreporting periods: § 51.3. Registration periods and reporting periods. Registration under section 13A04 of the act (relatin(I to registration) shall be biennial. The first registration - Feriod which commenced January 1, 2007, continues through December 31, 2008. Subsequent registrations shall commence on January 1 of each odd numbered year. 51 Pa. Code § 51.3(a). Section 13A05 of the Lobbying Disclosure Law sets forth, in part, the following requirements for the contents of quarterly reporting forms filed by principals: § 13A05. Reporting (a) General rule.-- A registered principal shall, subject to the penalties under 18 Pa,C,S, § 4904 (relating to unsworn falsification to authorities), file quarterly expense reports with the department electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter no later than 30 days after the last day of the quarter. (b) Content.— Alliance of Automotive Service Providers -Pennsylvania, 19-007-L Page -4--- (1) Each expense report must list the names and registration numbers when available of all lobbyists by whom lobbyingis conducted on behalf of the principal and e general Subject matter or issue being lobbied. (2) Each expense report shall include the total costs of all lobbying for the period. The total shall include all office expenses, personnel expenses, expenditures related to gifts, hospitality, transportation and lodging to State officials or employees,and any other lobbying costs. The total amount reported under this paragraph shall be allocated in its entirety among the following categories: The costs for gifts, hospitality, transportation and lodging given to or provided to State officials or employees or their immediate families. The costs for direct communication. The costs for indirect communication. (iv) Expenses required to be reported under this subsection shall be allocated to one of the three categories listed under this section and shall not be included in more than one category. 65 Pa.C.S. § 13AO5(a), (b)(1)-(2). 6. In addition to the Lobbying Disclosure Law, the duly promulgated Regulations provide further instructions in relation to registration periods and reporting periods: § 51.3. Registration periods and reporting periods. (b) Reporting under section 13AO5 of the act (relating to reporting) shall be quarterly within each calendar year, for January through March; April through June; July through September; and October through December. Quarterly expense reports shall be filed on or before the 30th day after the quarterly reporting period ends. 51 Pa. Code § 51.3(b). 7.�As a registered principal, Respondent is required to electronically file with the epartment of State either a quarterly expense report or a statement of failure to meet the reportint� threshold for each quarter it has been registered as a principal, th I by no later than e 30day after each quarterly reporting period has ended. 65 Pa.C.S. § 13AO5(a), (d); 51 Pa. Code § 65.1(d)]. & Section 13AO5 of the Lobbying Disclosure Law additionally sets forth the threshold with regard to reporting expenditures: Alliance of Automotive Service Providers -Penns lvania, 19-007-L Page -5--- (d) Thresholds for reporting.— An expense report required under this section shall be filed electronically using the computerized filing system developed b� the department that is consistent with the Purpose o this chapter when total expenses for lobbying exceed [$3,000] for a registeredi principal in a reporting period. n a reporting period n which total expenses are [$3,000] or less, a statement to that effect shall be filed electronically using the computerized filing system developed by the department that is consistent with the purpose of this chapter. 65 Pa.C.S. § 13A05(d). Section 13A03 of the Lobbying Disclosure Law defines the following terms: "Lobbying." An effort to influence legislative action or administrative action in this Commonwealth. The term includes: 1 direct or indirect communication; 2 office expenses; and 3 co providing any gift, hospitality, transportation or lodging a State official or employee for the purposeof advancing the interest of the lobbyist or principal. "LeWslative action." An action taken by a State official or employee involving the preparation, research, drafting, introduction, consideration, modification, amendment, approval, passage, enactment, tabling, postponement, defeat or rejection of: Ill legislation; 2 legislative motions; 3 a veto by the Governor; or 4 confirmation of appointments by the Governor or appointments to public boards or commissions by a member of the General Assembly. "Legislation."' Bills, resolutions, amendments and nominations n, ing or proposed in either the Senate or the House of Representatives. The term includes any other matter which may become the subject of action by either chamber of the General Assembly. "Direct communication." An effort, whether written oral orby an other medium, made by a lobbyist or principal, directed to a State official or employee, the purpose or foreseeable effect of which is to influence legislative action or administrative action. The term may include personnel expenses and office expenses. 65 Pa.C.S. § 13A03. 10. fAs a registered principal, Respondent is required to electronically file with the epartment of State either a quarterly expense report or a statement of failure to meet the reporting threshold for each quarter it has been registered as a principal, Alliance of Automotive Service Providers -Pennsylvania, 19-007-L age byno later than the 30th day after each quarterly reporting period has ended. 65 Pa.C.S. § 13A05(a), (d); 51 Pa. Code § 55.1(d)], a. Respondent filed a quarterly expense report for the third (3rd) quarter of 2018. b. Respondent did not file a fourth (4th) quarter 2018 Expense Report by January 30, 2019. 11 The Regulations promulgated under the Lobbying Disclosure Law specifically provide the following in relation to a delinquent filing; § 51.4. Delinquency. (a) A registration statement or report required to be filed Unclesection 13A04 or 13A05 of the act (relating to registration; and reporting) is delinquent if not received by the Department on the date due as follows: (1) Hard copy filings must be received by 5 p.m. in the office. For quarterly expense reports, from 5 p,m, until 12 a.m. midnight, a hard copy filing may be filed with the Department's designee. The filing location and the Department's designee will be on the Department's web site. Hard c, filins are no longer allowed pursu ant y I Act2018-2 (H.13.11175),� 2, approved February 14, 2018, eff. pril [15], 2018. (2) Electronic filings may be filed until 12 a.m. midnight. (b) A failure to timely file a registration statement, a quarterlyexpense report, a separate expense report, a notice otermination or an amendment to one of these filings constitutes a failure to register or report as required the act; delinquency continues until the filing is received by the Department in proper form. 51 Pa. Code § 51.4(a)-(b). 12. [in relation] to the filing requirements of quarterly expense reports, the Regulations read, in part: § 55.1. Quarterly expense reports. (a) A quarterly expense report is required to be filed as set h in this section when the total lobbying expenses of a registered principal, registered lobbying firm or registered lobbyist lobbying on the principal's behalf, together exceed $3,000] in a quarterly reporting period. Yhe threshold of [$3,000] includes any economic consideration paid by a principal to a lobbying firm or lobbyist for lobbying. Individuals exem tundersection 13A06 of the act (relating to exemption from registration and reporting) need not register or report. Alliance of Automotive Service Providers -Pennsylvania, 19-007-L Pa—g—e-T-- (b) For a quarterly reporting period in which the total lobbying expenses of a registered principal, registered lobbyin9 firm or registered lobbyist lobb ing on the I incipa's behalf, together, are [$3,000M less a principal's to that effect shall be filed with less, Department by checking the appropriate block on the quarterly expense report form. (d) The principal shall file a quarterly expense report or statement of failure to meet the reporting threshold on 0 or before the 30th day after the quarterly reporting period ends. (g) A quartedy expense report of a principal required to be registered under the act must include at least the following information: (3) The total costs of all lobbying for the period. The total must include all office expenses, personnel expenses, expenditures related to gifts, hospitality, transportation and lodgingto tate officials or employees, and any other lobbying costs. (i) The total amount reported under this paragraph shall be allocated in its entirety among the following categories: (A) The costs for gifts, hospitality, transportation and lodging given o or provided to State officials or employees or their immediate families. (B) The costs for direct communication. (C) The costs for indirect communication. (ii) Registrants shall use a good faith effort to allocate expenses required to be reported under this subsection to one of the three categories listed herein. A given expense may not be included in more than one category.... 51 Pa. Code § 55.1 (a), (b), (d), (g)(3)(i)-(ii). 13. By Warning Notice letter dated March 28, 2019, Respondent was served with notice in accordance with Section 13A09 of the Lobbying Disclosure Law and Section 634(1) of the Lobbying Disclosure Regulations of the specific allegations: that Respondent failed to file a quarterly expense report for the fourth (4 ) quarter of Alliance of Automotive Service Providers- Pen nsylvan ia, 19-007-L Pa­9_e_87__ 2018 and failed to properly register with the Department of State when Respondent failed to include the name and email of Respondent's authorized representative, employee, or agent on the registration. a. Said Warning Notice was mailed to: Alliance of Automotive Service Providers -Pennsylvania 2151 Greenwood Street Harrisburg, PA 17104 b. This is the same address as listed on Respondent's principal registration statement. C. By submitting the principal registration statement, Respondent consented to receipt of service of notices, other official mailings or process, at the address listed on the registration statement. (See, Paragraph 2(a) above). 14. Said Warning Notice letter set forth the nature of the alleged noncompliance and the administrative and criminal penalties for failing to file. 15. Said Warning Notice letter provided Respondent an opportunity to cure the alleged noncompliance and avoid the institution of these proceedings as to alleged noncompliance by filing a quarterly expense report for the time period covering the fourth (4 noncompliance quarter of 2018 and amending its registration to include the name and e- mail address of an authorized representative, employee, or agent, with the DeFartment of State within thirty (30) days from the mailing date of the Warning Notice letter. 16. The Director of the Bureau of Campaign Finance & Civic Engagement for the Commonwealth of Pennsylvania — Department of State conducted a search of the Department of State's records, and, as of May 14, 2019, no fourth (4th) quarter2018 expense report was found to have been filed with the Department of State for Alliance of Automotive Service Providers -Pennsylvania. 17. The Lobbying Disclosure Law provides for civil and criminal enalties for failin . to comply with the registration statement filing and quarterly expense repoTing requirements thereof. Specifically, the Lobbying Disclosure Law provides that: a. Negligent failure to register or repc�rtas required by this chapter is punishable by an administrative penalty not exceeding the following: �i) For the first ten late days, $50 for each late day. ii) For each late day after the first ten late days through the 20th late day, $100 for each late day. (iii) For each late day after the first 20 late days, $200 for each late day. 65 Pa.C.S. § 13A09(c)(1). b, The total amount of the administrative penalty that may be levied after hearing by a ma . onty vote of all of the Commission Members shall not be limited b, , Cr provision of law. 65 Pa.C.S. § 13A09(c)(2). C. Any person that fails tocomply with the requirements of the Lobbying Disclosure Law, after notice of noncompliance and after a hearing if one is requested, may be prohibited from lobbying for economic consideration for Alliance of Automotive Service Providers -Pennsylvania, 19-007-L page up to five (5) years [in accordance with 65 Pa.C.S. § 13A09(e)(4)]. 65 Pa.C.S. §§ 13A69(d), (e)(4). d, A person that intentionally fails to register or report as required by the law commits a misdemeanor of the second degree. 65 Pa.C.S. § 13A09(e)(1). e. A registrant who files a report under the law with knowledge that the re art contains a false statement or is incomplete commits a misdemeanor �Ihe second degree. 65 Pa.C.S. § 13A09(e)(2). Except as set forth in paragraph (d) or (e) above, a person that intentionally violates [the Lobbying Disclosure Law] commits a misdemeanor of the third degree. In addition to any other penalties imposed under [the Lobbying Disclosure Law], the court may impose a fine not to exceed $25,000 against a principal who is found guilty under [Section 13A09(e)(3) of the Lobbying Disclosure Law]. g, In addition to any criminal penalties imposed under [the Lobbying Disclosure Law], the Commission may prohibit a person from lobbying for economic consideration for up to five years for conduct which constitutes an offense under [Section 13A09(e) of the Lobbying Disclosure Law]. Criminal prosecution or conviction is not required for imposition of [such prohibition]. The Commission shall not impose prohibition] unless the person has been afforded the opportunity for a =g, which shall be conducted by the Commission in accordance with sections 1107(14) and 1108(e ofthe Public, Official and Employee Ethics Act, 65 Pa.C.S. §§ 1107(14) 1108(e)]. 65 Pa.C.S. § 13A09(e)(4). 18. Res ondent's expense report was a total of one hundred and forty-eight (14T) days delinquent. a. The fourth quarter expense report period closed December 31, 2018. See, 65 Pa.C.S. § 13A03 Definitions — "Reporting period." b. Expense reports were to be filed within thirtX (30) days of December 31, 2018, that date being January 30, 2019. See, 65 Pa.C.S. § 13A05(a). C. The first day in which Respondent's fourth 01) quarter 2018 Expense Report was delinquent was January 31, 2819. d. Respondent filed its fourth (4th) quarter [2018] Expense Report on June 28, 2019. a. Respondent's failure to file its fourth (4th) quarter 2018 Expense Report was not intentional, and therefore deemed negligent. 19. Respondent properly filed its first (1 st) quarter 2019 Expense Report. Ill. DISCUSSION: In the instant matter, the alleged noncompliance is that Respondent, as a principal re t gistered with the Pennsylvania Department of State ("Department of State") pursuanto the Lobbying Disclosure Law, failed to include the name and email address of an authorized representative, employee, or agent on its principal registration pursuant to 65 Alliance of Automotive Service Providers-PennsvIvania, 19-007-L Fage TV - Pa. C.S. § 13A04 and failed to timely file a quarterly expense report pursuant to 65 Pa. C.S. § 13A05 for the fourth (4 th ) quarter of 2018. As noted above, the parties have submitted a ConsentA reement and Stipulation of Findings. Per the Consent Agreement of the parties, the ?nvestigative Division has exercised its prosecutorial discretion to nol pros the allegation under Section 13A04 of the Lobbying Disclosure Law. Based upon the nol pros, we need not address the allegation under Section 13A04 which is no longer before us. The parties' Stipulated Findings are set forth above as the Findings of this Commission. We shall now summarize the relevant facts as contained therein. Respondent initially registered as a principal with the Department of State on January 10, 2007, forthe registration period January 1, 2007, through December 31, 2008. Respondent's re?istration statement indicated that lobbyingcommenced on January 2, 2007. Responc ent registered as a principal with the artment of State for the registration period January 1, 2017, through December 31, 2018. Respondent was assigned the principal registration number "P02330." Pursuant to Section 13A05 of the Lobbying Disclosure Law, 65 Pa.C.S. § 13A05, and Section 51.3 of the Lobbying Disclosure Regulations, 51 Pa. Code § 51.3, expense reports are filed on a quartery basis. When a registered principal's total expenses for lobbying exceed $3,000 for a reporting period/ uarter, the principal is required to file a last expense report with the Department o? State by no later than 30 da s after the a day of such quarter. For a reporting period in which total expenses are $3%0 or less, a statement to that effect must be filed with the Department of State by the lgrincipal b� checking the appropriate block on the quarterly expense report form. 51 a. Code 55,11(b). Thus, a registered principal must file either a quarterly expense report or a statement of failure to meet the reporting threshold bj, no later than the 30th day after each quarterly reporting period ends. 51 Pa, Code § 55, (d). Having registered for the registration period January 1, 2017, through December 31, 2018, Respondent was required to file either a quarterly expense report or a statement of failure to meet the reporting threshold for the fourth quarter of 2018. Respondent failed to file either. Failure to timely meet the aforesaid filing requirement constitutes a failure to report as required by the Lobbying Disclosure Law, and the delinquency continues until the filing is received by the Department of State in proper form. 51 Pa. Code § 51.4(b). By Warning Notice letter dated March 28, 2019, Respondent was served with notice of the alleged noncompliance in accordance with Section 63.4(1) of the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1). The Warning Notice letter providA Respondent an opportunity to cure the alleged noncompliance and avoid the institution of these proceedings b� filing a quarterl� expense report for the fourth quarter of 2018 with :he Department of State within thirty 30) days of the mailing date of the Warning Notice letter. As of May 14, 2019, no fourth quarter 2018 expense report was found to have been filed with the Department of State for Respondent. On June 28, 2019, Respondent submitted a quarterly expense report for the fourth quarter of 2018. Negligent failure to re.9ister or report as required by the Lobbying Disclosure Law is punishable by an administrative penalt as follows: (1) for the first ten late da s, $50.00 for each late day; (2) for each late day aver the first ten late days through the �Oth late day, Alliance of Automotive Service Providers -Pennsylvania, 19-007-L Page 11 $100 for each late day; and (3) for each late day after the first 20 late days, $200 for each late day. 65 Pa.C.S. § 13A09(c)(1). Having highlighted the Stipulated Findings and issues before us, we shall now apply the Lobbying Disclosure Law to determine the proper disposition of this case. The parties' Consent Agreement sets forth a proposed resolution of the allegations as follows: 3. The Investigative Division will recommend the following conclusions in relation to the above deficiencies: a. That Respondent, in its capacity as a Principal registered gistere with the Pennsylvania Department of Sta te pursuant to the Penns vania Lobbying Disclosure Law (65 Pa.C.S. Penns et seq.), failed to timely file a Quarterly Expense Report pursuant to 65 Pa.C.S. § 13A05, for the fourth (4th) quarter of 2018; b. That the transgressions of the Lobbying Disclosure Law outlined in paragraph (a) above are deemed to be negligent in nature; c, The Investi ative Division has elected to nolle pros the allegation regarding the failure to properly identify an authorized- representative's name and email on the principal registration. d. For the purposes of this Consent Agreement, Respondent was deficient in filing its fourth (4th) quarter of2018 Expense Reportby a total of 148 days, calculated as set forth below: i. On March 28, 2019, a Warning Notice regarding the delinquent quarterly expense report was sent to Respondent via First Class United States Mail; ii. Respondent did not file the outstanding Quarterly Expense Rgort for the fourth (4th) quarter of 2018 within period; and iii. Respondent has properly filed all outstanding Expense Reports. The delinquent period for purposes of this Consent Agreement is calculated from the first date the fourth (4tl, quarter of 2018 Expense Report was delinquent January 31, 2019) until the date Respondent filed its fourth (4th) quarter 2018 Expense Report (June 28, 2019). 4. Respondent agrees to pay the sum of $13,048.00 in settlement of this matter to be paid as follows: Affiance of Automotive Service providers -Penns yivaniq, 19-007-L Page 12 In regard to Respondent's failure to file a timely [fourth (41h) uarter 2018 Expense Report], and pursuant to Section 1 3AOMc�(I) of the Lobb�ing Disclosure Law, 65 Pa. § 13A09(c (1), Respondent agrees to pay an administrative (malty in the amount of $50.00 per day for the first ten days, $50.00 per d% for each day after the first ten late days through the 20th late day, $200.00 per day for the next 7 days, and $88.00 for the remaining 121 late days during the delinquent period as outlined above for a total amount ute un of $ 1 3,048,00, which shall be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within twelve (12) months of the adjudication in this matter. The Investigative Division will recommend that the State Ethics Commission take no further action in this matter, impose no further sanctions, and make no specific recommendations to any law enforcement or other authority to take action in this matter as to either Respondent, or any individual or representative of Respondent. Such, however, does not prohibit the Commission from initiating appropriate enforcement actions in the event of Respondent's failure to comply with this agreement or the Commission's Order or cooperating with any other authority who may so choose to review this matter further. Consent Agreement, at 1-2. In considering the Consent Agreement and Stipulation of Findings, we agree with the parties that Respondent as a registered principal failed to timely file a quarterly expense report with the Department of State for the fourth quarter of 2018 as required by Section 13A05 of the Lobbying Disclosure Law, Accordingly, we hold that Respondent as a registered principal failed to time file quarterly expense report with the Department of State for the fourth quarter of 2�118 as required by Section 13A05 of the Lobbying Disclosure Law. We accept the recommendation of the parties for a determination that the transgression of the Lobbying Disclosure Law outlined immediately above is deemed to be negligent in nature. The parties have agreed that Respondent was 148 days delinquent in filing its quarterly expense report for the fourth quarter of 2018. As part of the Consent Agreement, Respondent agreed to pay an administrative penal in the total amount of $13,Ot8,$00 141 0 da s x $50,00 + 10 days x $50.00 + 7 days x 048% $200.1�10 + 121 days x $88.00 � 0), payable to the Commonwealth of Pennsylvania and forwarded to this Commission within twelve months of the adjudication in this matter. We determine that the Consent Agreement submitted by the parties sets forth a proper disposition for this case, based upon our review as reflected in the above analysis and the totality of the facts and circumstances. Accordingly, we approve the Consent Agreement that has been submitted by the parties. Alliance of Automotive Service Providers-Pe�Iya�nia, 19-007-L Page 13 This Commission hereby levies one administrative penalty against Respondent Alliance of Automotive Service Providers -Pennsylvania in the total amount of $13,048.00 for its delinquent quarterly expense report for the fourth quarter of 2018, calculated as follows: $50.00 per dax, for the first ten days its fourth quarter 2018 expense report was delinquent, plus $50.00 per dq for the next ten days its fourth quarter 2018 expense repo was delinquent, plus $20 per d for the next seven days its fourth quarter 2018 t aX.00 per day for the remaining one hundred and u expense report was delinquent, plus $8 twenty-one days its fourth quarter 2018 expense report was delin uent (10 days x$50.00 + 10 days x $50.00 + 7 days x $200.00 + 121 days x $88.00 = $1%1,048.00). To the extent it has not already done so, Respondent Alliance of Automotive Service Providers -Pennsylvania is directed to pay the aforesaid administrative Penalty in the total amount of $13,048.00 to be made payable to the Commonwealth of Pennsylvania and forwarded to this Commission within twelve months of the mailing date of this adjudication and Order. Noncompliance will result in the institution of an order enforcement action. IV. CONCLUSIONS OF LAW: 1 As a principal registered with the Pennsylvania Department of State ("Department of St ateI$ ) under principal registration number "P02330," Alliance of Automotive Service Providers -Pennsylvania as been subject to the reporting requirements of Section 13A05 of Pennsylvania's lobbying disclosure law ('Lobbying Disclosure Law"), 65 Pa.C.S. § 13A05. 2. Alliance of Automotive Service Providers -Pennsylvania, in its capacity as a principal re apttered with the Department of State under principal re I istration number report with t 330," failed to timely file a yarterly expenseYie Department of State for the fourth quarter of 2A as required by Section 13A05 of the Lobbying Disclosure Law, 65a.C.S. § 13A05. 3, The transgression of the Lobbying Disclosure Law outlined in paragraph 2 immediately above is deemed to e negligent in nature. 4. The prerequisite service of a warning notice in accordance with Section 63.4(1) of the Lobbying Disclosure Regulations, 51 Pa. Code § 63.4(1), was satisfied. 5, Based upon the totality of the circumstances in this case, the imposition of an administrative penalty in the total amount of $13,048.00 is warranted (10 days x $50.00 + 10 days x $50.00 + 7 days x $200.00 + 121 days x $88.00 = $13,048.00). In Re: Alliance of Automotive Service Providers -Pennsylvania, File Docket: 194M74- Respondent Date Decided: 9/26/19 Date Mailed; 10/16/19 Alliance of Automotive Service Providers -Pennsylvania, in its capacity as a principal registered with the Pennsylvania De artment of State ("De artment of State") under principal registration number "PUT30," failed to timely File a quarterly expense report with the Department of State for the fourth quarter of 2018 as required by Section 13A05 of Pennsylvania's lobbying disclosure law ("Lobbying Disclosure Law"), 65 Pa.C.S. § 13A05. The transgression of the Lobbying Disclosure Law outlined in paragraph I immediately above is deemed to e negligent in nature. Pursuant to Section 13A09(c) of the Lobbyin? Disclosure Law, 65 Pa,C.S. § 13AO9�c), and the Consent Agreement of the par lies, this Commission hereby levies one a ministrative penalty against Alliance of Automotive Service Providers - Pennsylvania in the total amount of $13,048.00, calculated as follows: $50.00 per da for the first ten days its fourth quarter 2018 expense report was delinquent, plus 5� .00 per day for the next ten days its fourth quarter 2018 expense report was delinquent, plus $200 per day for the next seven days its fourth quarter 2018 expense report was delinquent, plus $88.00 per day for the remaining one hundred an twenty-one days its foqLurth 01.Jarter2018 expense report was delinquent (10 days x $50.00 + 10 days x $50.0b-'+ 7 days x $200.00 + 121 days x $88.00 $13,048.00). To the extent it has not already done so, Alliance of Automotive Service Providers - Pennsylvania is ordered to pay the aforesaid administrative penalty in the total amount of $13,048.00 to be made payable to the Commonwealth of Pennsylvania and forwarded to the Pennsylvania State Ethics Commission within twelve months of the mailing date of this Oder, Noncompliance with Paragraph 4 of this Order will result in the Commission initiating appropriate enforcement action(s). maflml• • F.WWWWRIM]FROJIM