                                 CODE OF VIRGINIA

RIGHT TO GRANT EXTENSIONS IN SPECIAL CIRCUMSTANCES; CIVIL PENALTY (§ 30-356.2)

A. Notwithstanding any other provision of law, any person required to file the
disclosure form prescribed in Article 3 or the Acts shall be entitled to an
extension where good cause for granting such an extension has been shown, as
determined by the Council. Good cause shall include:

   1. The death of a relative of the filer, as relative is defined in the
   definition of &#8220;gift&#8221; in Article 3 or the Acts.

   2. A state of emergency is declared by the Governor pursuant to Chapter 3.2
   (&#xA7; 44-146.13 et seq.) of Title 44 or declared by the President of the
   United States or the governor of another state pursuant to law and confirmed
   by the Governor by an executive order, and such an emergency interferes with
   the timely filing of disclosure forms. The extension shall be granted only for
   those filers in areas affected by such emergency.

   3. The filer is a member of a uniformed service of the United States and is on
   active duty on the date of the filing deadline.

   4. A failure of the electronic filing system and the failure of such system
   prevents the timely filing of disclosure forms.

B. For any person who is unable to timely file the disclosure form prescribed in
the Acts due to the disclosure form not being made available to him until after
the deadline has passed, the Council shall grant such person a five-day
extension upon request. The head of the agency for which the person works or the
clerk of the school board or governing body of the locality that was responsible
for providing the disclosure form to such person shall be assessed a civil
penalty in the amount equal to $250, to be collected in accordance with the
procedure set forth in subsection B of &#xA7; 2.2-3124. If the disclosure form
is provided to the person within three days prior to the filing deadline, the
Council shall grant such person a three-day extension upon request and no civil
penalties shall be assessed against the head of such person&#8217;s agency or
the clerk.

C. The provisions of this section shall not apply to any statement of economic
interests filed as a requirement of candidacy pursuant to &#xA7; 24.2-502.

HISTORY: 2016, cc. 773, 774; 2017, cc. 829, 832; 2018, cc. 467, 804.