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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. |
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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 was employed with DOTD, but retired in 2010 and moved to Arizona. Thomas Atkinson was 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 nod was sent to an address included on his last report. Mr. Atkinson received the nod and filed within the 14 business day period. The report filed gave his temporary address in Tuscon, Arizona. 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 7, 2011, Mr. Atkinson was sent a second nod requesting he amend his report. The letter was addressed to his old Louisiana address; however, the USPS "track and confirm" states it was received on January 13, 2011 in Tuscon, Arizona. However, at this time Mr. Atkinson was in the process of moving from this rental home to the home he built in Oro Valley, Tucson. The USPS does not have a "proof of signature" on file so it is unclear who signed for the certified mail. Mr. Atkinson did not receive a second notice involving the request to amend until March 2012, which he filed within one day of being notified. He was assessed a $1,500 late fee. Mr. Atkinson does not recall receiving the January 7, 2011 letter; however, it appears to have been delivered to an Arizona address. Mr. Atkinson states that he thought he had responded timely to all letters received by him regarding this matter. He requests this late fee be rescinded.
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The Board declined to waive based on the waiver guidelines. An appeal is presently pending before the EAB.
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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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| Assigned Attorney: |
Tracy Barker |
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