Meetings
 
Agenda Item
Docket No. 13-966
 
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RE:
Waiver request submitted by Randy Nichols, a member of the East Baton Rouge Housing Authority, regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 323 days late.
Facts:
Mr. Nichols states that this is not a failure to file issue but a mistake as to what info needs to be reported. It appears Mr. Nichols is confusing this matter with other amendments he filed for the 2010 and 2011 reports, which were filed without receiving a notice of delinquency requesting the amendment.

The report at issue was a failure to file. Mr. Nichols did receive a notice of delinquency in March 2012, which he signed for. Mr. Nichols received a "second notice" in February 2013. The report was filed in March 2013. Mr. Nichols states this is his first waiver request.

Comments:
TYPE OF REPORT: 2009 Tier 2.1 Annual Report
DATE NOD RECEIVED: March 23, 2012
DATE REPORT FILED: March 2, 2013
DAYS LATE: 323 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 seven (7) 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:
Decline to waive a late fee.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-966- Waiver Request