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Waiver request submitted by Marion Emmett Carraway, East Carroll Parish School Board - District 6, regarding a $1,500 late fee assessed for filing his 2012 Tier 3 annual PFD 128 days late, and a $400 late fee assessed for filing his 2014 Tier 3 annual PFD 8 days late. |
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Mr. Carraway states that he did not file the above referenced disclosure statements in a timely manner because he had a duel residency, i.e., one in Lake Providence and another in Monroe. Mr. Carraway further explains that during that time he was affected by the floods that occurred in March 2016.
It should be noted that the NODs were issued and received prior to March 2016; however, it took multiple attempts to serve him with the Late Fee Order, which was before his displacement due to the March 2016 floods.
Mr. Carraway has not alleged that the late fees would create a financial hardship.
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TYPE OF REPORT: 2012 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2013
DATE NOD RECEIVED: January 19, 2014 (personal service on his brother at his residence)
DATE REPORT FILED: June 6, 2014
DAYS LATE FROM NOD: 128 days
DAYS LATE FROM ORIGINAL DUE DATE: 387 days
ASSESSED LATE FEE: $1,500
TYPE OF REPORT: 2014 Tier 3 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: August 20, 2015 (signed for by Tammy Carraway)
DATE REPORT FILED: September 8, 2015
DAYS LATE FROM NOD: 8 days
DAYS LATE FROM ORIGINAL DUE DATE: 116 days
ASSESSED LATE FEE: $400
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. 42:1124.3 requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a 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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2012 - decline to waive.
2014 - decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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