| Reconsideration of a waiver request submitted by Regina Bracy, a member of the Strawberry Marketing Board, regarding a $1,500 late fee assessed for filing her 2011 Tier 2.1 annual pfd 335 days late. |
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The Board previously declined to waive the late fee. Ms. Bracy continues to assert that she did not receive the notice of delinquency and should not be responsible for the late fees. However, the notice was sent to the address Ms. Bracy has provided on her disclosures. Further, Ms. Bracy admits that it is her address but that it is also her husband's business address and mail may get mixed up.
Initial Information:
Ms. Bracy request the waiver as her her home address is shared with her husband's business and sometimes the mail is misdirected. She has changed her address to the AgCenter address so this does not happen again. Ms. Bracy states that the penalty is excessive and poses a hardship. She serves on these commissions as part of her employment and is asking for a waiver in view of her service.
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TYPE OF REPORT: 2011 Tier 2.1 Annual Report
DATE NOD RECEIVED: May 4, 2013 [signed by Connie Zachary]
DATE REPORT FILED: April 14, 2014
DAYS LATE: 335 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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Affirm the Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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