| Waiver request submitted by Michael Whitehead, a Constable for District 2 in Beauregard Parish, regarding a $600 late fee assessed for filing his amended 2012 Tier 2 annual pfd 6 days late. |
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Mr. Whitehead received a notice of delinquency advising him that his pfd needed to be signed and notarized. Mr. Whitehead states that it was notarized and mailed in plenty of time to be received within the 7 business day grace period. He cannot explain why the mail was not received timely.
However, according to our records, the mail was postmarked on January 29, 2014 and actually received in the office on January 31, 2014. According to statute and rules of the Board, the pfd is considered filed on the date of the postmark, which was January 29, 2014, not January 20th as asserted by Mr. Whitehead.
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TYPE OF REPORT: 2012 Tier 2 Annual Report - Amendment
DATE NOD RECEIVED: January 13, 2014
DATE REPORT FILED: January 29, 2014
DAYS LATE: 6 days
ASSESSED LATE FEE: $600
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. 42:1124.2 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.
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| Assigned Attorney: |
Tracy Barker |
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