| Untimely waiver request submitted by Nita Hutter, former State Representative for District 104, regarding a $2,300 late fee assessed for filing her 2012 Tier 2 annual pfd 23 days late. |
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The waiver request was due on or before April 14, 2014. The waiver request was not received until December 12, 2014, after a demand letter for payment was issued. Ms. Hutter personally signed for the Late Fee Order.
Ms. Hutter states that she was unaware that she was required to file a Tier 2 pfd for 2012. She left office on January 9, 2012. She states that she thought the original notice of delinquency was a reminder to file the Annual Campaign Finance Report. She never opened the letter since a former assistant was helping with the campaign finance reporting. Ms. Hutter also states that during the same time frame, her mother was sick and eventually dies as well as losing 24 yrs of employment. In addition, Ms. Hutter states that she was a newlywed dealing with moving families and adjusting to a very different life.
Ms. Hutter also did not realize she needed to report her new husband's info since they were only married in December 2012. Getting his info took time and caused tension.
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TYPE OF REPORT: 2012 Tier 2 Annual Report
ATTEMPTED: August 16, 2013
ATTEMPTED: December 13, 2013
DATE NOD RECEIVED: January 23, 2014 (Signature unknown)
DATE REPORT FILED: February 23, 2014
DAYS LATE: 23 days
ASSESSED LATE FEE: $2,300
OBJECTION TO CANDIDACY ISSUED: July 25, 2014
DEMAND LETTER ATTEMPTED: October 24, 2014
DEMAND LETTER REISSUED: December 3, 2014
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. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement 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.
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.
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Suspend all but $500 based on future compliance with the reporting requirements under the Code of Ethics. The $500 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
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| Assigned Attorney: |
Tracy Barker |
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