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Waiver request submitted by Leroy Owens, constable for Livingston Parish, regarding a $2,500 late fee assessed for filing his 2009 Tier 2 annual pfd 578 days late; a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 218 days late; and a $2,500 late fee assessed for filing his 2011 Tier 2 annual pfd 104 days late. |
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Mr. Owens confused the filing requirement with the financial filing requirement required by the Legislative Auditor's office, which requires financial information regarding the office's finances, not personal finances. Mr. Owens states his late filing was out ignorance, rather than him not wanting to comply with the requirement.
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TIER: 2
TYPE OF REPORT: 2009 Annual Report
DATE NOD RECEIVED: January 21, 2011
DATE REPORT FILED: September 14, 2012
DAYS LATE: 578 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
TIER: 2
TYPE OF REPORT: 2010 Annual Report
DATE NOD RECEIVED: January 21, 2012
DATE REPORT FILED: September 14, 2012
DAYS LATE: 218 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: Yes, 2009 Tier 2 annual (see above)
TIER: 2
TYPE OF REPORT: 2011 Annual Report (Amendment) (filed incorrect form)
DATE NOD RECEIVED: September 13, 2012
DATE REPORT FILED: January 15, 2013
DAYS LATE: 104 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
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La. R.S. 42:1124.2 requires each person holding a public office who represents a voting district having a population of 5,000 or more persons to file an annual personal financial disclosure statement 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.
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.
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2009 - waive the late fee
2010 - suspend all but $1,000 based on future compliance
2011 - decline to waive
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| Assigned Attorney: |
Tracy Barker |
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