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Agenda Item
Docket No. 13-1725
 
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RE:
Waiver request submitted by Earlin Fruge, a Evangeline Parish Constable, regarding a $800 late fee assessed for filing his amended 2012 Tier 2 annual pfd 8 days late.
Facts:
Mr. Fruge states that he has cancer. Because of the treatments, he overlooked the required filing. On October 29, 2013 a request for supporting documentation was sent to Mr. Fruge. The deadline for submitting the information was November 28, 2013. On November 11, 2013, Mr. Fruge submitted documentation of his prostate cancer diagnosed on June 17, 2013 and ongoing treatment dates from August 2013 to October 2013.

The 2012 late filing involves an amendment. Mr. Fruge reported his income on the wrong schedule and was required to amend to disclose by exact dollar figure on Schedule D.

Comments:
TYPE OF REPORT: 2012 Tier 2 Annual Report Amended

DATE NOD RECEIVED: September 12, 2013
DATE REPORT FILED: October 1, 2013
DAYS LATE: 8 days

ASSESSED LATE FEE: $800
OTHER LATE FILINGS: Yes, 2008 Tier 2 annual filed 5 days late, assessed $500 late fee, late fee was suspended, and has been reassessed.

Law:
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 seven (7) business days after receipt of the notice of delinquency.

Recommendations:
2008 Reassessment: re-suspend all based on future compliance.

2012 amendment: waive the late fee based on his medical issues.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1725: Waiver Request