Meetings
 
Agenda Item
Docket No. 12-503
 
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RE:
Waiver request submitted by Thomas Atkinson, Jr. regarding a $1,500 late fee assessed for filing his amended 2009 Tier 2.1 pfd 393 days late.
Facts:
Thomas Atkinson is a member of the Southern High Speed Rail Commission. On December 29, 2010, Mr. Atkinson received a notice of delinquency requesting he file his 2009 Tier 2.1 annual pfd. The report was filed within the 14 business day period. After review of the annual pfd, it was determined that Mr. Atkinson failed to disclose his income received from DOTD by exact dollar figure. On January 13, 2011, a notice of delinquency was received by Mr. Atkinson requesting he make the appropriate amendment. The amendment was filed on March 2, 2012, 393 days late. He was assessed a $1,500 late fee.

Comments:
TIER: 2.1
TYPE OF REPORT: 2009 Amended Annual Report

DAYS LATE: 393 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No

Law:
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 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.

Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2012-503- Staff Memo