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Waiver request submitted by Hector Linares, Public Defender Board, regarding a $1500 late fee assessed for filing his amended 2015 Tier 2.1 annual pfd 37 days late. |
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Mr. Linares states that as a member of the Public Defender Board and the Mental Health Advocacy Services Board, he did not receive any compensation, nor did he claim any reimbursement for travel to which he was legally entitled for attending meetings of these boards. Mr. Linares also states that the imposition of the late fee would cause a financial hardship on his family.
Mr. Linares further explained that he received the notice to amend during the busiest part of the LSU Law School semester, which involved teaching students to prepare to represent real clients in court. Once the trial season wound down, he located the notice and filed the amendment.
Mr. Linares asked the board to consider his timeliness in filing the initial disclosure statement and that this is his first late filing.
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TYPE OF REPORT: 2015 Tier 2.1 Annual Report - Amendment
ORIGINAL FILING DATE: May 15, 2016
DATE NOD RECEIVED: October 24, 2016 (signature not legible)
DATE REPORT FILED: December 9, 2016
DAYS LATE FROM NOD: 37 days
DAYS LATE FROM ORIGINAL DUE DATE: 207
ASSESSED LATE FEE: $1500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 6 reports or amendments
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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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Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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