Meetings
 
Agenda Item
Docket No. 14-222
 
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RE:
Waiver request submitted by Nickie Monica, former State Representative of District 57, regarding a $2500 late fee assessed for filing his 2012 Tier 2 annual pfd 47 days late.
Facts:
Mr. Monica states he held office for only nine (9) days in 2012. His term ended on January 9, 2012. He states he filed his report within 30 days of filing his 2012 income tax returns. He did not request an extension for filing his annual pfd before May 15, 2013.

Mr. Monica requests an appearance before the Board.

Comments:
2012 Tier 2 Annual PFD:

NOD-FF issued: August 16, 2013

NOD-FF received: August 26, 2013

PFD due: September 5, 2013

PFD filed: October 22, 2013

Days late: 47 days

Late Fee Assessed: $2,500

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: None

Prior Late Fees Suspended/Waived: Yes. At the October 2013 Board Meeting, the Board suspended all of the original $2500 late fee associated with the late filing of his 2011 Tier 2 annual pfd. At the time of the suspension, his 2012 report was outstanding.

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:
Suspend all but $500 based on future compliance. The $500 is due within 30 days of receipt of the new late fee order. If not paid, the suspended portion becomes due and owing.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-222: Waiver Request