| Reconsideration of the Board's denial of a waiver request submitted by Rickey Dean Ables, Sweet Potato Commission, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 Annual PFD 167 days late. |
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Mr. Ables has been filing since 2013. 2015 is the first year Mr. Ables took his required Ethics Training. His attorney states that he received the notice of delinquency during the busiest time of the year for Mr. Ables, who is the sole manager of his sweet potato farming operation. It was inadvertent and not intentional. Mr. Carrol asserts that we all forget from time to time to do thing we intend but that it does not rise to ethical consideration.
INITIAL INFORMATION
Mr. Donald Carroll, attorney for Mr. Ables, states that he submitted a Tier 2.1 Annual PFD report for the year 2014 instead of 2013 after receiving a letter dated December 23, 2014. This was a "second notice." After learning that it had not been received by our office, Mr. Carroll states another copy was sent. Mr. Ables is at a loss as to where this copy is and why in was not sent in. He apologizes for any neglect on his behalf, due to his work demanding many hours of his time.
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TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: August 4, 2014 [wife, Jeanette Ables signed green card]
DATE REPORT FILED: April 2, 2015
DAYS LATE FROM NOD: 167 days
DAYS LATE FROM ORIGINAL DUE DATE: 322 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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Affirm the Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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