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Reconsideration of a waiver request submitted by Calvin Fayard, III regarding a $1,500 late fee assessed for filing his 2009 Tier 2.1 annual pfd 289 days late. |
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TIER: 2.1
TYPE OF REPORT: 2009 Annual Report
DAYS LATE: 289 days
ASSESSED LATE FEE: $1,500
OTHER LATE FILINGS: NO
Calvin Fayard is a member of the Board of Private Investigator Examiners. On April 11, 2011, Mr. Fayard received a notice of delinquency. He filed the report on February 15, 2012, 289 days late. He was assessed a $1,500 late fee.
Mr. Fayard claims he does not remember receiving a notice of delinquency on April 11, 2011. According to the post office, Mr. Fayard received the notice of delinquency on April 11, 2011 at 9:23 a.m. Further, a "proof of signature" was obtained from the post office which appears to show Mr. Fayard signing for the notice of delinquency. A copy of the "proof of signature" was transmitted to Mr. Fayard's counsel. Mr. Fayard also states that he was not aware of his filing requirement and he did not receive a reminder. The statute does not require the staff send reminder notices.
No new information has been submitted in connection with this reconsideration request.
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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.
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Affirm denial of waiver request.
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| Assigned Attorney: |
Tracy Barker |
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