Meetings
 
Agenda Item
Docket No. 13-832
 
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RE:
Waiver request submitted by Micah Hebert, a candidate for Representative in the October 22, 2011 election, regarding a $2,500 late fee assessed for filing his 2010 Tier 2 Candidate pfd days late.
Facts:
Micah Hebert was an unsuccessful candidate. Mr. Hebert states that his sister filed his qualifying papers for him while he was out of the country on deployment for the Marines. He states that his sister received the campaign packets and failed to give the information to him.. He was unaware of any of the filing requirements. Mr. Hebert also states that he suffers from post traumatic stress syndrome. In addition, he is a full-time student at Loyola University. He has no savings, he is unemployed, and only receives a small stipend from the GI Bill.

Comments:
TYPE OF REPORT: 2010 Tier 2 Candidate Report
DATE NOD RECEIVED: December 30, 2011 (by personal service by State Police)
DATE REPORT FILED: January 29, 2013
DAYS LATE: 371 days

ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No

Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement 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.

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.

Recommendations:
Based on the waiver guidelines, waive the late fee.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-832- Staff Memo
2013-832- Ltr from Irwin Fritchie RE: Micah Heberts Waiver Request
2013-832- Correspondence from Att Sinnott (and attachments)