| Waiver request submitted by Jerome P. "Dee" Richard, Candidate for Lafourche Parish Assessor in the November 4, 2014 election, regarding a $2,500 late fee assessed for not filing his 2013 Tier 2 Candidate PFD as of this date. |
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Representative Richard was a candidate in the November 4, 2014 election (running for Lafourche Parish Assessor). As a candidate, he was required to file a complete Tier 2 Candidate PFD Statement. A Notice of Delinquency was issued and received. The deadline for filing the disclosure statement was December 4, 2014. As of this date, the disclosure statement has not been filed.
Rep. Richard states that he filed an extension for his 2013 and 2014 Tier 2 annual pfds. The staff has record of receiving an extension request for the 2013 Tier 2 annual pfd. However, as is clearly stated in the instructions, extensions are not applicable to candidate pfds. Therefore, Rep. Richard was required to file the Tier 2 candidate pfd in connection with his candidacy in the November 2014 election. Also, it should be noted that Rep. Richard labeled his waiver request as an "answer and response." However, an answer can only be considered by the Board if it is filed within 7 business days of receiving a notice of delinquency. However, Rep. Richard did not file his "response and answer" until after he received the Late Fee Order.
In addition, Rep. Richard states he filed an extension request involving his 2014 Tier 2 pfd. The Board has no record of receiving any extension on or before May 15, 2015 in regards to his 2014 pfd. Further, a notice of delinquency has not been issued yet and is not subject of this waiver request. Since no extension was received, Rep. Richard is required to file his 2014 Tier 2 annual pfd. He will have 7 business days to file without penalty on receipt of the notice of delinquency.
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TYPE OF REPORT: 2013 Tier 2 Candidate PFD Report
DATE NOD RECEIVED: November 23, 2014 [personally served by Louisiana State Police]
DATE REPORT FILED: not filed as of this date
DAYS LATE: days
ASSESSED LATE FEE: $2,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: 2014 Tier 2 annual pfd, 2013 Tier 2 annual pfd (has timely filed extension request for 2013)
PRIOR LATE FEES SUSPENDED/WAIVED: $2,500 for amended 2010 Tier 2 annual pfd waived.
He has been filing since 2008 Tier 2 pfd.
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La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.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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Decline to waive. Advise the Board will not consider any reconsideration of the waiver request until the 2013 Tier 2 candidate pfd is filed.
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| Assigned Attorney: |
Tracy Barker |
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