| Waiver request submitted by James Deshotel, a member of the Sweet Potato Commission, regarding a $1,500 late fee assessed for filing his 2011 Tier 2.1 annual pfd 322 days late. |
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Mr. Deshotel states that we sent the notice to the wrong address and by the time it was sent to the correct address it was already late. However, the late fees do not begin to run until the notice is received and 7 business days has lapsed. His wife signed the green card for the notice of delinquency and he failed to respond to the letter within 7 business days.
Mr. Deshotel states he filed a Related Party Disclosure Statement; however, that is not a form required by the Code nor developed by the Board.
He states that he was never sworn in officially and that is another mistake by the Ethics Board; however, the Board is not responsible for swearing in members of boards.
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TYPE OF REPORT: 2011 Tier 2.1 Annual Report
DATE NOD RECEIVED: May 9, 2013 (signed for by Shirley Deshotel)
DATE REPORT FILED: April 7, 2014
DAYS LATE: 322 days
ASSESSED LATE FEE: $1.500
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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| Assigned Attorney: |
Tracy Barker |
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