| Reconsideration of the Board's suspension of all but $450 of a $1,500 late fee assessed against Vincent P. Borrello Jr., Board of Examiners of Certified Shorthand Reporters, for filing his 2014 Tier 2.1 annual PFD 108 days late. |
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No new information was submitted; however, Mr. Borrello states that he did not receive notice of the July meeting and he wanted to appear. It does not appear that an acknowledgement letter was sent.
Initial Info.
Mr. Borrello states that he timely responded to the NOD that was received on August 8, 2015. He states that he faxed the PFD to our agency on August 14, 2015. A request was made to the IT Division requesting that it search our network server to determine if a PFD was received on or about that date. IT response: PFD not filed.
Mr. Borrello also states that the imposition of a late fee would create a financial hardship because of his wife's health situation (four brain surgeries, December 21, 2011 and January 17, 2012 with the last surgery performed in October 2015).
Correspondence was sent to Mr. Borrello requesting that he submit documentation to support his claim. Mr. Borrello submitted documentation from the last surgery showing over $105,000 billed. He states this does not cover the ongoing physician visits for his wife's Parkinson's disease nor the ongoing medication she must take three times a day.
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TYPE OF REPORT: 2014 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: August 8, 2015 (personally signed green card)
DATE REPORT FILED: December 4, 2015
DAYS LATE FROM NOD: 108 days
DAYS LATE FROM ORIGINAL DUE DATE: 203 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: Yes
Amendment to 2009 annual PFD - $1500 2012-499
May 2012 meeting: Board waived late fee
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None
He has filed 10 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 prior Board decision to suspend all but $450 based on future compliance with the reporting requirements under the Code of Ethics. Offer a payment plan.
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| Assigned Attorney: |
Tracy Barker |
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