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Waiver request submitted by Mack Hurst, a member of the Louisiana Workforce Investment Board #20, regarding a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 384 days late. |
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Mr. Hurst states he is 73 years old and has served on this board, without compensation, since about 1990 when it was called the Private Industry Council. He states that in the fall of 2010, his cancer returned and treatment lasted throughout winter 2010-2011. He states that in October 2011 he had emergency open heart surgery. Mr. Hurst states he remembers receiving the notice of delinquency, but thought he had filed it online, but cannot find any record in his computer. It should be noted that these reports cannot be filed online.
Mr. Hurst states that he has no money in cash or savings to pay the late fee.
Additional information was requested. Mr. Hurst submitted another letter stating that he owes his company $24,000 in back federal taxes. He also owes construction material creditors in excess of $80,000. Since 2011, he states that his residence has been in foreclosure. He owes over $180,000 to the bank and mortgage company. His states that his household income is about $60,000. $12,000 of this will not be available following the end of the school year when his wife quits working due to her failing health. $15,000 of the $60,000 will not be available after October 2015 as he will no longer be able to be a pastor as he will have reached the retirement age of 75.
It should be noted that he is up to date on his filings.
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TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: March 9, 2012
DATE REPORT FILED: April 17, 2013
DAYS LATE: 384 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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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.
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Suspend all based on future compliance.
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| Assigned Attorney: |
Tracy Barker |
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