Meetings
 
Agenda Item
Docket No. 16-1056
 
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RE:
Waiver request submitted by Kenneth Brad Banks, former member of the Northeast Soil and Water Conservation District, regarding a $1,500 late fee assessed for filing his 2014 Tier 2.1 annual PFD 223 days late.
Facts:
Mr. Banks states that he was appointed to serve the unexpired term of Glenn Williams. He further states that he relied on the district secretary to remind him of the filing deadline. Mr. Banks states that it was an oversight - not an intentional disregard of the requirement.

Mr. Banks further states that he resigned (early 2016) from his position because of the responsibilities of being a full-time farmer. He explains that the 2014 and 2015 crop years were stressful due to the falling commodity prices and low yields (due to weather events.)

Comments:
TYPE OF REPORT: 2014 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: November 18, 2015 (domicillary service based on service on father-in-law by state police)
DATE REPORT FILED: July 11, 2016
DAYS LATE FROM NOD: 223 days
DAYS LATE FROM ORIGINAL DUE DATE: 423 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
Law:
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.
Recommendations:
Suspend all but $850 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-1056 Waiver Request