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Waiver request submitted by Norma Ramos, a member of the Rapides Parish Waterworks District #3, regarding a $900 late fee assessed for filing a 2012 Tier 2.1 annual pfd 18 days late. |
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Ms. Ramos is a former commissioner of Rapides Parish Waterworks District who's term ended on October 14, 2012 and only served 9 months in 2012 since she received an advisory opinion from the Board advising that she could not be re-appointed to the District since her son-in-law was elected to the Police Jury responsible for appointing her. Ms. Ramos had been a member of the District since 2008 and the 2012 pfd served as her final pfd due the year following the termination of her office.
Ms. Ramos also states that it was the staff's responsibility to send her forms to fill out each year. This is incorrect. It is Ms. Ramos' responsibility to obtain the forms each year for filing.
Ms. Ramos states that the imposition of the late fee would create a financial hardship. Mr. Ramos is 78 yrs old and responsible for taking care of her ailing husband who is deaf, blind, has six heart blockages, has one weak kidney, and is a severe diabetic. Ms. Ramos suffers from a deteriorating spine, is a diabetic, and has fibromyalgia. She states all of this contributes to her state of mind which caused the late filing. She states that both she and her husband are retired and on a fixed income. In 2010, they filed for bankruptcy and still have trouble meeting their monthly bills and medical bills. Ms. Ramos has submitted documentation regarding their medical issues and a copy of their credit report showing a bankruptcy in 2010, which was discharged in 2010.
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TYPE OF REPORT: 2012 Tier 2.1 Annual Report
DATE NOD RECEIVED: January 13, 2014
DATE REPORT FILED: February 10, 2014
DAYS LATE: 18 days
ASSESSED LATE FEE: $900
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
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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.
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Suspend all but $250 based on future compliance. The $250 is payable within 30 days unless other payment arrangements are made. If other payment arrangements are not made and payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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