| Reconsideration of the Board's denial of a 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 2012 Tier 2.1 annual pfd 175 days late. |
|
The Board suspended all of a $1,500 late fee assessed for the late filing of his amended 2011 Tier 2.1 pfd. The Board declined to waive his $1,500 late fee assessed for the late filing of his 2012 Tier 2.1 pfd.
Mr. Stuart again asserts that he was preparing to undergo a double-knee replacement in January, February, March, April and May with his surgery in June 2014. A request for supporting documentation as to the extent of preparation was requested. No response has been received.
Mr. Stuart also states that the late fee is out of proportion for his failure to timely correct. However, the late fee associated with the amendment was suspended in full. The late fee which is the subject matter of this issue involves a failure to file.
Original Information:
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.
|
|
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
|
|
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.
|
|
2012 - Affirm the Board's decision to decline to waive.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|