| Waiver request submitted by Nakia Hooks, a member of the Kenilworth Improvement District (Orleans Parish), regarding a $1,500 late fee assessed for filing his amended Tier 2.1 annual pfd 158 days late. |
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Mr. Hooks filed a Tier 2 annual pfd. Since Mr. Hooks did not disclose his office/position, a nod-amend was issued. Mr. Hooks signed the green card for the nod-amend. No response was received; therefore, a "second notice" was issued. It was discovered that Mr. Hooks served on the Improvement District which would require a Tier 2.1 pfd, not a Tier 2 pfd. The Tier 2.1 pfd was filed 158 days late.
Mr. Hooks is requesting this waiver in light of his financial, illness and disability circumstances. Mr. Hooks states he is a veteran who was honorably discharged with service connected to permanent disability. He states that he was diagnosed with Graves Disease in January 2013. Mr. Hooks states that he has fallen behind on his mortgage payments and trying to refinance his loan. Based on documentation submitted, it appears he may be in arrears of $18,000. Mr. Hooks has also submitted some medical documentation showing that he was diagnosed with Graves Disease and suffers from Degenerative Arthritis of the Spine.
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TYPE OF REPORT: 2012 Tier 2.1 Annual Report-Amendment
DATE NOD RECEIVED: June 20, 2013
DATE REPORT FILED: December 6, 2013
DAYS LATE: 158 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: 2011 pfd and 2013 pfd (wrong tier filed, nod-amend issued)
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 $500 based on future compliance. The $500 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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