Meetings
 
Agenda Item
Docket No. 11-1031
 
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RE:
Waiver request submitted by Cyndi Nguyen regarding a $2,500 late fee assessed for filing her amended 2008 Tier 2 personal financial disclosure statement 211 days late.
Facts:
On June 25, 2010, Cyndi Nguyen received a notice of delinquency requesting she amend her report to disclose her spouse's income on Schedule F. The amendment was not filed until February 12, 2011, 211 days late.

Ms. Nguyen states that the imposition of the fine will cause an undue financial hardship as she has a daughter entering college, 2 daughters in elementary school and triplets entering daycare.

Comments:
TIER: 2
TYPE OF REPORT: 2008 Annual Report

DAYS LATE: 211

ASSESSED LATE FEE: $2,500

OTHER LATE FILINGS: No

Law:
La. R.S. 42:1124.4 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 fourteen (14) business days after receipt of the notice of delinquency.
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.

Recommendations:
Based on the waiver guidelines, decline to waive. Offer a payment plan of $100 per month.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2011-1031: Staff Memo2