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Waiver request submitted by Tracey E. Flemings-Davillier regarding a $1,100 late fee assessed for filing her 2010 Tier 2.1 annual pfd 22 days late. |
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Tracey Flemings Davillier is a member of the Upper Pontalba Restoration Company Board. Ms. Davillier questions whether the members are required to file pfds. The Board in Docket No. 2008-675 advised that the members are required to file.
Ms. Davillier also states that the staff sent the notice of delinquency to her old address and that the employees there accepted the certified mail without her consent. The notice of delinquency was mailed to the last address given on her last report. Ms. Davillier never notified the disclosure section of her change of address.
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TIER: 2.1
TYPE OF REPORT: 2010 Annual Report
DATE NOD RECEIVED: August 20, 2012
DATE REPORT FILED: October 2, 2012
DAYS LATE: 22 days
ASSESSED LATE FEE: $1,100
OTHER LATE FILINGS: No
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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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Based on the waiver guidelines, suspend all but $500.
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| Assigned Attorney: |
Tracy Barker |
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