Meetings
 
Agenda Item
Docket No. 07-922
 
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RE:
Request for a Rehearing in connection with an $8,000 Order against Ralph Wilson, a candidate for State Representative in the October 20, 2007 election, for failing to timely file his EDE-P and 10-G campaign finance reports.
Comments:
The Board issued an Order at its March 13, 2008 meeting making the fines and late fees totaling $8,000 assessed against Mr. Wilson final and absolute. Rule 1018 states that any person aggrieved may apply to the Board for a rehearing in writing within 10 days from the date of the Board's decision becomes final. A copy of the Order was sent to Mr. Wilson on March 25, 2008 and was signed for by Mr. Wilson.

On April 21, 2008, the Board received a request for a rehearing from Mr. Wilson. Correspondence dated April 24, 2008 was sent to Mr. Wilson informing him of the date of his rehearing as well as informed that the Board had not received the EDE-P and 10-G campaign finance disclosure reports. The letter also informed him of current charges for failure to file a 30-P and 10-G campaign finance disclosure reports. The rehearing was then rescheduled, per Mr. Wilson's request, to June 26, 2008. Mr. Wilson was sent correspondence dated June 13, 2008 advising him again that the Board still had not received the EDE-P and 10-G reports. Mr. Wilson's request for a rehearing was considered and denied by the Board at its June 26, 2008 hearing.

Correspondence dated October 8, 2008 was sent to Mr. Wilson for purposes of offering Mr. Wilson an opportunity to pay the assessed fines and late fees before filing suit with the 19th Judicial District Court. Since the fines and late fees were never paid, the Board then filed suit with the 19th Judicial District Court on April 30, 2009 and the hearing was originally set for June 22, 2009. Mr. Wilson contacted staff and requested he be given more time to file the reports and stated that he would request a payment plan. The Rule to Show Cause hearing set for June 22, 2009 was continued.

The Board requested a Motion to Reset Rule to Show Cause before the 19th JDC, because Mr. Wilson had neither filed the required reports nor did he request a payment plan. The hearing was held on November 9, 2009. At the hearing, staff informed Mr. Wilson that the Board had not received his EDE-P and 10-G reports. The November 9, 2009 hearing was continued with the understanding that he would file the required reports and request a Rehearing before the Board on or before December 1, 2009.

On December 17, 2009, a Motion to Reset Rule to Show Cause was filed, because Mr. Wilson did not request a rehearing or file the required reports by the December 1, 2009 deadline. The Rule to Show Cause hearing was reset for March 1, 2010. Mr. Wilson appeared at the March 1, 2010 hearing. Staff agreed to continue the hearing to allow Mr. Wilson to file the EDE-P and 10-G campaign finance disclosure reports. The hearing was continued to April 5, 2010. Mr. Wilson filed his EDE-P and 10-G campaign finance disclosure reports on April 5, 2010.

Since Mr. Wilson had not requested a payment plan or paid the assessed fines and late fees, staff initiated forfeiture proceedings per La. R.S. 18:1505.4.D.1. Mr. Wilson, after receiving notice of the Board's forfeiture proceedings, contacted the Board requesting a rehearing. The rehearing is untimely.

Recommendations:
Deny the request for rehearing.

Assigned Attorney: Alesia Ardoin
 
 
ATTACHMENTS:
Description:
2007-922: Ralph Wilson-Order
2007-922: Ralph Wilson-letter requesting rehearing
2007-922: Ralph Wilson-April 24, 2008 ltr
2007-922: Ralph Wilson-June 13, 2008 ltr
2007-922: Ralph Wilson-October 8, 2008 ltr
2007-922: Ralph Wilson-November 9, 2009 ltr
2007-922: Ralph Wilson-March 23, 2010 ltr
2007-922: Ralph Wilson-forfeiture proceedings ltrs
2007-922: Ralph Wilson-9/13/10 rehearing request ltr
2007-922: Ralph Wilson-rehearing reminder ltr