|
Reconsideration of a 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. |
|
TIER: 2.1
TYPE OF REPORT: 2009 Amended Annual Report
DAYS LATE: 393 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: No
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 notice of delinquency was mailed to his old Baton Rouge address; however, USPS shows that it was delivered to his Tucson, Arizona address. The amendment was filed on March 2, 2012, 393 days late. He was assessed a $1,500 late fee.
Mr. Atkinson does not recall receiving the January 7, 2011 letter; however, it was delivered to his Arizona address.Mr. Atkinson states that he thought he had responded timely to all letters received by him regarding this matter. However, it appears he responded timely to the original request for the 2009 Tier 2.1 annual pfd; however, the staff requested an amendment from him, which was not timely responded to by Mr. Atkinson. He requests this late fee be rescinded.
|
|
This was considered at the Board's May 2012 meeting and based on the waiver guidelines the Board declined to waive.
|
|
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.
|
|
| Assigned Attorney: |
Tracy Barker |
|
|