| Waiver request submitted by Michael Horning, a former member of the Louisiana State Board of Cosmetology, regarding a $1,500 late fee assessed for filing his 2012 Tier 2.1 annual pfd 170 days late. |
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Mr. Horning stated the he takes full responsibility for the mistake he made. He states that his first grandchild was born in 2012 2 1/2 months premature and he was devastated by what the outcome may be. Thankfully, his grandchild is a busy little boy now.
He states that the board only meets once a month and is not involved in the daily operation of the board. The board members rely on the staff to remind them of the legal do's and dont's, including filing disclosure statements. Mr. Horning was no longer on the board for the staff to inform him of his responsibility to file a disclosure. His term ended on August 7, 2013. Mr. Horning states that he faxed the report in January 2014 after receiving the notice of delinquency. The IT Department did not find a fax received from Mr. Horning during the month of January 2014.
Mr. Horning also states the fine will create a financial hardship.
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TYPE OF REPORT: 2012 Tier 2.1 Annual Report
DATE NOD RECEIVED: January 2, 2014 (personally signed green card)
DATE REPORT FILED: July 21, 2014
DAYS LATE: 170 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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Suspend all but $500 based on future compliance with the Code of Ethics. The fine is payable within 30 days. If not paid within 30 days, the suspended portion becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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