Meetings
 
Agenda Item
Docket No. 13-817
 
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RE:
Waiver request submitted by David Deere, a former member of the Louisiana Oyster Task Force, regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 512 days late; a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 512 days late; and a $1,500 late fee assessed for filing his 2011 Tier 2.1 annual pfd days late.
Facts:
Mr. Deere states that he never received the notices of delinquencies. The notices were addressed to the address for the Oyster Task Force office as the staff did not have a prior report from Mr. Deere (he was not required to file in 2008 since his appointment was not until 2010). The notice were sent to New Orleans and Mr. Deere lives in Sulphur, Louisiana. He was not made aware of the filing requirements when he was appointed to the board. He also states the assessments will cause a financial hardship.

Comments:
TYPE OF REPORT: Tier 2.1 Annual Report (2009)
DATE NOD RECEIVED: August 16, 2011
DATE REPORT FILED: February 6, 2013
DAYS LATE: 512 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: Tier 2.1 Annual Report (2010)
DATE NOD RECEIVED: August 16, 2011
DATE REPORT FILED: February 6, 2013
DAYS LATE: 512 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

TYPE OF REPORT: Tier 2.1 Annual Report (2011)
DATE NOD RECEIVED: December 8, 2012
DATE REPORT FILED: February 15, 2013
DAYS LATE: 45 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No





Law:
La. R.S. 42:1124.4 of the Code provides that upon discovery of the failure to file, failure to timely file, omission of information or inaccurate information, the Board shall notify the filer by sending him a notice of delinquency by certified mail. The notice of delinquency shall inform the person that the financial statement must be filed, or that the information must be disclosed or accurately disclosed, or that a written answer contesting the allegation of such failure, omission, or inaccuracy must be filed no later than fourteen (14) business days after receipt of the notice of delinquency.
La. R.S. 42:1124.2.1 requires financial disclosure for each member and designee of a board or commission which has the authority to expend, disburse or invest $10,000 or more of funds in a fiscal year on or before May 15th of each year during which the person holds office and the year following termination of the holding of such office.

Recommendations:
2009 report - waive all of the late fee.

2010 report - suspend all based on future compliance.

2011 report - suspend all based on future compliance.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-817- Staff Memo