Meetings
 
Agenda Item
Docket No. 17-639
 
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RE:
Untimely waiver request submitted by Representative Dustin Miller, a candidate for the House of Representatives in the October 24, 2015 election, regarding a $2,500 late fee assessed for filing his 2014 Tier 2 Candidate Personal Financial Disclosure Statement 177 days late.
Facts:
Rep. Dustin Miller was a candidate in the October 2015 election and he was required to file a Tier 2 candidate pfd. On October 5, 2015, Rep. Miller received a NOD that was signed for by his wife. Rep. Miller failed to respond to the NOD. On December 22, 2015, Rep. Miller received a Late Fee Order assessing him a late fee and demanding the pfd be filed. On March 29, 2016, a demand letter was issued to Rep. Miller. On April 8, 2016, Rep. Miller filed his 2014 Tier 2 Candidate PFD, 177 days late. He did not request a waiver within the time frame allowed by law and the Board's rules.

Rep. Miller asserts that he timely filed the 2014 Tier 2 Candidate PFD and that Katrina Freeman, an employee in the IT Department acknowledged receipt. The email that purports to evidence receipt of this report has not been provided. The emails with Ms. Freeman seem to address campaign finance reporting issues.


Further, Rep. Miller did not file an answer stating that the report was timely filed, nor did he request a waiver or an appeal.




Comments:
TYPE OF REPORT: 2014 Tier 2 Candidate Report
ORIGINAL DUE DATE: September 15, 2015
DATE NOD RECEIVED: October 5, 2015 (wife signed green card)
DATE REPORT FILED: April 8, 2016
DAYS LATE FROM NOD: 177 days
DAYS LATE FROM ORIGINAL DUE DATE: 206 days
ASSESSED LATE FEE: $2,500
PRIOR PFD LATE FEES: None
PRIOR CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR FILING EXPERIENCE: 8 reports or amendments
Law:
La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within three (3) business days after the close of the qualifying period during which the candidate files his notice of candidacy for the office.
La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal 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.
Recommendations:
Decline to waive.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2017-639 Waiver Request
2017-639- PFD Docs