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Waiver request submitted by Brenda Nevels, candidate for Mayor of the Village of Tangipahoa in the 11/6/2012 election, regarding a $1,500 late fee assessed for filing her 2011 Tier 3 candidate pfd 126 days late. |
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Ms. Nevels thought the staff made a mistake sending her the notice of delinquency requesting she file her 2011 Tier 3 candidate pfd since she was not in office during 2011. Ms. Nevels was a first time candidate. However, she should have received a packet educating her on the pfd filing requirements. Further, the notice of delinquency states the report was due in connection with her candidacy in the November 6, 2012 election.
In addition, Ms. Nevels states the imposition of the fine would create a financial hardship. Ms. Nevels has submitted copies of her outstanding bills and student loans.
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TYPE OF REPORT: 2011 Tier 3 Candidate Report
DATE NOD RECEIVED: October 10, 2012
DATE REPORT FILED: March 5, 2013
DAYS LATE: 126 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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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. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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 seven (7) business days after receipt of the notice of delinquency.
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Suspend all but $500 based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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