| Waiver request submitted by Anthony James Williams, Board of Examiners for Professional Counselors, regarding a $1,500 late fee assessed for filing his 2011 Tier 2.1 Annual PFD 177 days late. |
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Mr. Williams states that prior to March 2013, board members were told (by its general counsel) that they were not required to file disclosure statements. Subsequent to that, board members were informed of the requirement. Mr. Williams' first disclosure statement (covering calendar year 2012) was filed on May 15, 2013. A review of that disclosure statement indicated that Mr. Williams was also required to file a disclosure statement for 2011. A Notice of Delinquency was then issued. Mr. Williams states that he did not think he was required to file for calendar year 2011 and for that reason did not file.
The chair of the board states that the Board of Ethics directed the board to obtain an opinion from an attorney. However, no staff member would make such a direction, but advise the board to obtain an opinion from the Board of Ethics itself regarding disclosure requirements.
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TYPE OF REPORT: 2011 Tier 2.1 Annual Report
DATE NOD RECEIVED: June 2, 2014 [personally signed green card]
DATE REPORT FILED: December 5, 2014
DAYS LATE: 177 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. 42:1124.2.1 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.
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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