Meetings
 
Agenda Item
Docket No. 13-1299
 
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RE:
Reconsideration of a waiver request submitted by Victor Blanchard, IV, a member of the Livestock Brand Commission, regarding a $1,500 late fee assessed for filing his 2010 Tier 2.1 annual pfd 282 days late.
Facts:
Mr. Blanchard states that he timely filed the report but placed the wrong year in the blank for "calendar year." A review of his reports and the timing of the reports, does not support Mr. Blanchard's assertion.

PRIOR INFORMATION:

Mr. Blanchard states that he was unaware of the filing requirements believing they went into effect in 2010. Further, he states that he timely filed the 2010, but originally filed it as the 2011 and that he should not be fined for this mistake. He states that when he received the form he thought it was for 2011.

However, Mr. Blanchard has been filing pfds since his first on May 15, 2009, when he filed his 2008 Tier 2.1 annual pfd. Then, he filed his 2009 Tier 2.1 pfd on March 11, 2011. He filed his 2011 Tier 2.1 pfd on May 8, 2012, which triggered the staff's notice that he had not filed his 2010 pfd and sent him a notice of delinquency on May 31, 2012, after he had filed the 2011 pfd.

Comments:
TYPE OF REPORT: 2010 Tier 2.1 Annual Report
DATE NOD RECEIVED: June 12, 2012
DATE REPORT FILED: April 10, 2013
DAYS LATE: 282 days

ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

Law:
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.

Recommendations:
Affirm decline to waive.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2013-1299- Waiver Request
2013-1299- Reconsideration Request