Meetings
 
Agenda Item
Docket No. 12-1868
 
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RE:
Waiver request submitted by Representative Wesley Bishop regarding a $2,500 late fee assessed for filing his 2009 Tier 2 candidate pfd 97 days late.
Facts:
Wesley Bishop was a candidate for Representative, District 101, in the January 22, 2011 election. Rep. Bishop states he recollects filing the disclosure report within 14 business days of receiving the notice of delinquency on January 19, 2011. However, the staff has no evidence of receiving the report and Rep. Bishop retained no proof of this filing. Rep. Bishop corrected the failure to file on May 16, 2011.

A late fee order was issued on October 25, 2011. However, Rep. Bishop did not respond to it because he assumed it was issued in error as he thought he had timely filed. He states that he has never had any other problems and is embarrassed by this situation. He states this will never happen again.

Comments:
TIER: 2
TYPE OF REPORT: 2009 Candidate Report (January 22, 2011 election)

DATE NOD RECEIVED: January 19, 2011
DATE REPORT FILED: May 16, 2011
DAYS LATE: 97 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:
Decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-1868- Staff Memo
2012-1868 late fee order