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Untimely waiver request submitted by Shane Hart, a member of the Boeuf River Soil & Water Commission, regarding a $1,500 late fee assessed for filing his amended 2008 Tier 2.1 annual pfd 704 days late. |
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Mr. Hart received the late fee order on May 4, 2012. The staff has no record of receiving a waiver request from Mr. Hart within 20 days of his receipt of the late fee order. Mr. Hart states that he did mail a waiver request timely and submitted a letter dated May 16, 2012. He does not know why we did not receive it. The request would have been due by May 21, 2012.
Senator Neil Riser has also submitted correspondence requesting that Mr. Hart's waiver request be considered since Mr. Hart states that he did timely request a waiver. Further, Senator Riser states that Mr. Hart was not aware of the filing requirements when he was appointed to the Commission. However, it should be noted that Mr. Hart timely filed his original 2008 Tier 2.1 pfd, but he only submitted the cover pages and did not submit any schedules. The cover page disclosed that his spouse was employed with the state. Therefore, Mr. Hart was required to fill out at least two of the schedules associated with the Tier 2.1 form. When the 2008 Tier 2.1 pfd was reviewed, a notice of delinquency was issued. A second notice was also issued, which resulted in the amendment filed 704 days late.
Senator Riser also states this late fee would impose a financial burden on Mr. Hart's family.
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TIER: 2.1
TYPE OF REPORT: Amended 2008 Annual Report
DATE NOD RECEIVED: April 1, 2010
DATE REPORT FILED: March 26, 2012
DAYS LATE: 704 days
ASSESSED LATE FEE: $1,500
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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| Assigned Attorney: |
Tracy Barker |
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