Meetings
 
Agenda Item
Docket No. 12-418
 
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RE:
Reconsideration of a waiver request submitted by Darrel Rivere regarding a $1,500 late fee for filing his 2009 Tier 2.1 pfd 90 days late.
Facts:
TIER: 2.1
TYPE OF REPORT: 2009 Annual Report

DAYS LATE: 90 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: None

Darrel Rivere is a member of the Louisiana Seafood Promotion and Marketing Board. On September 1, 2011, he received a notice of delinquency requesting he file his 2009 Tier 2.1 annual pfd. He filed the report on December 21, 2011, 90 days late.

Mr. Rivere request the late fee be waived as he has been volunteering on this board for the past 12 years and is very active in the community. He states he owns a small food manufacturing facility and supports his family and 25 other people who make a living from employment with his company. Mr. Rivere states that October through December are his busiest months and that payment of the fine would create a financial hardship.



Comments:
The Board first considered this waiver at its May 2012 meeting. Based on the waiver guidelines, the Board declined to waive.

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:
Affirm the decision to decline to waive unless Mr. Rivere provides supporting documentation regarding his financial hardship.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-418- Reconsideration
2012-418