Meetings
 
Agenda Item
Docket No. 14-223
 
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RE:
Waiver request submitted by Sybil Richard, a member of the Medical Center of LA Administrative Board, regarding a $1500 late fee assessed for filing her 2008 amended Tier 2.1 annual pfd 231 days late.
Facts:
Ms. Richard states that she thought she received the NOD-Amend in error because she filed the report. She says the notice was not clear that she was supposed to amend the original report she had filed. Ms. Richard states there was a delay in receiving notices because of relocation and address changes. When she received the notice, she contacted the Department of Revenue in how to complete the pfd amendment. Ms. Richard states the imposition of the late fee would cause a financial hardship. A request for supporting documentation was sent to Ms. Richard on February 28, 2014. The deadline to submit information was March 31, 2014.

Ms. Richard has submitted documentation regarding her outstanding student loans, medical insurance, and auto insurance bills. She has also submitted a 1099 form from 2013 showing approximately $9,000 in income. Ms. Richard states that she is unemployed and has received a deferment and forbearance on her student loans due to her unemployment.

A review of the database indicates that many unsuccessful attempts since May 2010 were made to send Ms. Richard certified mail, in addition to her being served by State Police.

Comments:
2008 Amended Tier 2.1 Annual PFD:
NOD-Amend issued: October 15, 2012


NOD-Amend received: October 19, 2012

PFD due: November 9, 2012

PFD filed: June 28, 2013

Days late: 231 days

Late Fee Assessed: $1,500

Outstanding PFD Late Fees: None

Outstanding CF Late Fees: None

Outstanding Disclosure Reports: NonePrior Late Fees Suspended/Waived: None



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:
Suspend all but $500 based on future compliance. The $500 is payable within 30 days unless other payment arrangements are entered into within 30 days. Failure to pay within 30 days or enter into a payment within 30 days will result in the full amount becoming due and owing.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-223: Waiver Request