Meetings
 
Agenda Item
Docket No. 14-1477
 
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RE:
Waiver request submitted by Christopher Stuart, a member of the State Licensing Board for Contractors, regarding a $1,500 late fee assessed for filing his amended 2011 Tier 2.1 annual pfd 190 days late and a $1,500 late fee assessed for filing his 2012 Tier 2.1 annual pfd 175 days late.
Facts:
Mr. Stuart admits to receiving the notices of delinquency. He states that he directed his staff in January 2014 to handle the matter for him. Apparently his staff did not take care of the matter. In June 2014, he received a "second notice" which alerted him that the filings had not been made. On June 16, 2014, Mr. Stuart underwent a bilateral knee replacement and he spent the following six weeks in recovery and physical therapy. He was not able to come to the office until July 17, 2014 to rectify the matter.

He believes that the $3,000 late fees are excessive.


Comments:
TYPE OF REPORT: 2011 Tier 2.1 Annual Report (Amendment)
DATE NOD RECEIVED: December 26, 2013 (B. Pinto signed green card)
DATE REPORT FILED: July 17, 2014
DAYS LATE: 190 days
ASSESSED LATE FEE: $1,500

TYPE OF REPORT: 2012 Tier 2.1 Annual Report
DATE NOD RECEIVED: January 13, 2014 (Sandy Johnson signed the green card)
DATE REPORT FILED: July 17, 2014
DAYS LATE: 175 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
Law:
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.
Recommendations:
2011 (Amendment) - Suspend all based on future compliance with the Code of Ethics.

2012 - decline to waive.


Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2014-1477 - Staff Memo