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Waiver request submitted by George Randolph Floyd, with the Used Motor Vehicle Commission, regarding two $950 late fees assessed for filing both his 2015 & 2106 Tier 2.1 annual PFDs 19 days late. |
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Mr. Floyd states that he submitted his 2015 & 2016 Annual PFD's timely through the USPS. He claims that the USPS did not properly deliver his PFD's and did not properly serve him with the NOD's. He attached copies of "a" certified Mail green card to support his contention that our correspondence to him was not properly processed. He claims we cannot prove the date he received the NOD's as the green card is not signed or dated. A check of the certified mail number on the green card indicates that the green card he has attached is from the NOD - FF for his 2017 Annual PFD and not either of the green cards for 2015 or 2016. Both of these green cards were signed and dated by Mr. Floyd. He is requesting a waiver of the late fees because of the methods utilized to deliver the communications to him.
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TYPE OF REPORT: 2015 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 16, 2016
DATE NOD RECEIVED: March 20, 2018 (personally signed green card)
DATE REPORT FILED: April 17, 2018
DAYS LATE FROM NOD: 19 days
DAYS LATE FROM ORIGINAL DUE DATE: 701 days
ASSESSED LATE FEE: $950
TYPE OF REPORT: 2016 Tier 2.1 Annual Report
ORIGINAL FILING DATE: May 15, 2017
DATE NOD RECEIVED: March 20, 2018 (personally signed green card)
DATE REPORT FILED: April 17, 2018
DAYS LATE FROM NOD: 19 days
DAYS LATE FROM ORIGINAL DUE DATE: 337 days
ASSESSED LATE FEE: $950
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 3 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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2015 PFD - Suspend all based on future compliance with the reporting requirements under the Code of Ethics.
2016 PFD - decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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