Meetings
 
Agenda Item
Docket No. 13-1366
 
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RE:
Untimely waiver request submitted by Marshell Brumfield, a member of the Louisiana Commission on Human Rights, regarding a $1500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 299 days late.
Facts:
Mr. Brumfield filed his waiver request two days late.

Mr. Brumfield states that he filed all of his reports timely. Mr. Brumfield received a "second notice." He says he filed his report after he received a letter from Rebecca Harris on April 2, 2013. He filed April 15, 2013 and it required to be amended. He then refiled on April 30, 2013 with the corrected information. He has proof of the fax submission on April 30, 2013. However, the report was due on June 12, 2012 based on the receipt of the Notice of Delinquency on May 31, 2012.

He also states that he timely filed his 2011 and 2012 pfd reports. According to the database, our records indicate that Mr. Brumfield is required to amend his 2011 pfd. The Notice of Delinquency to Amend was received on July 18, 2013. The amended report was due on July 29, 2013.

Comments:
TYPE OF REPORT: 2010 Tier 2.1 Annual Report

DATE NOD RECEIVED: May 31, 2012

DATE REPORT FILED: April 15, 2013

DAYS LATE: 299 days

ASSESSED LATE FEE: $1,500

OTHER LATE FILINGS: Yes, an amendment for the 2011 report is past due and has not been filed.

Law:
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.

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.

Recommendations:
Decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1366- Untimely Waiver Request (2)