Untimely waiver request submitted by Rosa Elaine, Concordia Parish Constable, regarding a $1,500 late fee assessed for filing a 2009 Tier 3 annual pfd days late; a $1,500 late fee assessed for filing a 2010 Tier 3 annual pfd days late; and a $1,500 late fee assessed for filing a 2011 Tier 3 annual pfd days late. |
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The late fee order regarding the 2009 and 2010 reports were received on April 30, 2013. The waiver request should have been submitted by May 20, 2013. The waiver request was submitted on June 12, 2013. The late fee order regarding the 2011 report was received on May 17, 2013 and the waiver should have been submitted by June 6, 2013. It was not submitted until June 12, 2013. The waiver requests for all three reports are untimely. Although Ms. Elaine states she submitted a waiver request three times, staff has no record of any waiver request other than the request submitted on June 12, 2013. Correspondence was sent to Ms. Elaine requesting proof of the other letters. No response has been received.
In addition, Ms. Elaine states the fines would create a financial hardship. Correspondence was submitted to Ms. Elaine requesting supporting documentation. No response was received.
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TYPE OF REPORT: 2009 Tier 3 Annual Report DATE NOD RECEIVED: January 4, 2011 DATE REPORT FILED: October 17, 2012 DAYS LATE: 632 days
ASSESSED LATE FEE: $1,500 OTHER LATE FILINGS: No
TYPE OF REPORT: 2010 Tier 3 Annual Report DATE NOD RECEIVED: September 12, 2011 DATE REPORT FILED: October 17, 2012 DAYS LATE: 383 days
ASSESSED LATE FEE: $1,500 OTHER LATE FILINGS: Yes, 2009 report above
TYPE OF REPORT: 2011 Tier 3 Annual Report DATE NOD RECEIVED: October 24, 2012 DATE REPORT FILED: March 7, 2013 DAYS LATE: 112 days
ASSESSED LATE FEE: $1,500 OTHER LATE FILINGS: Yes, 2009 and 2010 reports, above.
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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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Decline to consider for untimeliness.
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Assigned Attorney: |
Tracy Barker |
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