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Waiver request submitted by Sheral C. Kellar, Workers Compensation Second Injury Board member, regarding a $1500 late fee assessed for filing her amended 2017 Tier 2.1 annual PFD 150 days late. |
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Sheral Kellar is requesting a waiver for
failing to amend her 2017 disclosure timely for the following reasons:
She stated she inadvertently
filed the Tier 2 Disclosure instead of a Tier 2. 1 Disclosure. In January 2016,
she was appointed to the position of Assistant Secretary, Office of Workers'
Compensation Administration (OWCA). By statute, the Assistant Secretary of OWCA
is a member of the Second Injury Board (SIB). She attempted to comply with the
provisions of L.S.A.-R.S. 42: 1124.2.1 when she filed the Tier 2 form in June
2018 and thought this was the correct form. Ms. Kellar did not realize that it
was incorrect until she received a certified notice instructing her to file a
Tier 2.1 disclosure. On November 13, 2019, she received an e-mail from PFD
Director stating that the BOE had not yet received the appropriate form and
that several attempts had been made to contact her
regarding her 2017 Amendment. On
December 18, 2019, Kellar asked the PFD Director for a website hyperlink to the
correct financial disclosure, which she received the same day. On January 17,
2020, she submitted a compliant 2017 Tier 2.1 PFD. Ms.
Kellar apologizes for any inconvenience
caused by her failure to timely file her amendment. She stated she neither
knowingly, nor willfully failed to file the disclosure; she mistakenly
completed and submitted the wrong Tier. Ms. Kellar stated she will
unlikely make this error again and for
that reason, asks the Ethics Board to waive her late fee. She thanks the Ethics
Board in advance for the waiver consideration.
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TYPE OF REPORT: 2017 Tier 2.1 Annual Report - Amendment
INITIAL PFD FILED ON: June 26, 2018
DATE NOD RECEIVED: 8/10/2019 - Signed by: Unable to determine
DATE REPORT FILED: 1/17/2020
DAYS LATE FROM NOD: 150 days
DAYS LATE FROM ORIGINAL DUE DATE: 612 days
ASSESSED LATE FEE: $1500
PRIOR PFD LATE FEES: None
PRIOR CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: has filed 5 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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