| Request for a Rehearing in connection with a $6,000 Order against Ralph Wilson, a candidate for State Representative in the October 20, 2007 election, for failing to timely file his 30-P and 10-P campaign finance reports. |
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Correspondence dated April 24, 2008 was sent to Mr. Wilson informing him of the current charges for failure to file a 30-P and 10-G campaign finance disclosure reports. He was informed that if he did not file the reports before May 8, 2008, he would be assessed late fees, as well as an additional civil penalty.
Mr. Wilson was sent correspondence dated June 13, 2008 advising him that the reports he previously submitted were not on the proper form and must be resubmitted on the proper reporting forms.
On June 26, 2008, the Board issued an Order at its meeting making the fines and late fees totaling $6,000 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 July 1, 2008 and was signed for by Mr. Wilson.
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, since Mr. Wilson still had not filed the required reports nor did he send a request for 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 30-P and 10-P reports. The November 9, 2009 hearing was continued by the Judge 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 since 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 30-P and 10-P campaign finance disclosure reports. The hearing to was continued to April 5, 2010. Mr. Wilson filed his 30-P and 10-P campaign finance disclosure reports on April 5, 2010.
Pursuant to La. R.S. 18:1505.4.D.1 the Board may garnish the nonexempt portion of the public salary of an elected official once an Order of the Board has been obtained. Since Mr. Wilson had not requested a payment plan or paid the assessed fines and late fees, staff initiated forfeiture proceedings. Mr. Wilson, after receiving notice of the Board's forfeiture proceedings, contacted the Board requesting a rehearing. The request for rehearing is untimely.
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Deny the request for rehearing.
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| Assigned Attorney: |
Alesia Ardoin |
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