Reconsideration of the Board's denial of a waiver request submitted by Donald J. Domino, St. Mary Parish Tourist Commissioner, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 Annual PFD 157 days late. |
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Mr. Domino now argues that his information has not changed for the last 15 years. The assessment of a $1,500 late for failing to file the exact same disclosure statement each year is excessive, unfair and unjust. Mr. Domino did submit payment under protest; but would like to appear before the Board.
Initial Information:
Mr. Domino states that he was unaware of the filing requirement. He explains that over the years he has served on many boards - none of which required disclosure statements. He also states that he and his family began to face serious challenges beginning in 2012, and that may be the time in which he failed to file the disclosure statement.
Mr. Domino has filed previous pfds with the Board, thus he was aware of the filing requirement. The 2013 pfd was due in May 2014, two years after 2012.
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TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report ORIGINAL DUE DATE: May 15, 2014 DATE NOD RECEIVED: January 30, 2015 (wife signed green card) DATE REPORT FILED: July 17, 2015 DAYS LATE FROM NOD: 157 days DAYS LATE FROM ORIGINAL DUE DATE: 492 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
He has filed four disclosures with the Board.
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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 decision to decline to waive.
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Assigned Attorney: |
Tracy Barker |
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