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Waiver request submitted by Huey Wyble, member of the St. Landry Parish School Board, regarding a $2,500 late fee assessed for filing his 2009 Tier 2 annual pfd 642 days late; a $2,500 late fee assessed for filing his 2010 Tier 2 annual pfd 138 days late; and a $2,500 late fee assessed for filing his 2009 Tier 2 candidate pfd 635 days late. |
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Mr. Wyble believes he timely filed the reports. Mr. Wyble states that he was experiencing the loss of his mother, father and brother during this time. However, the only information attached includes his brother who appears to have dies on March 12, 2010. The reports were due in May 2010, September 2010, and May 2011.
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TIER: 2
TYPE OF REPORT: 2009 Annual Report
DATE NOD RECEIVED: September 18, 2010
DATE REPORT FILED: July 10, 2012
DAYS LATE: 642 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
TIER: 2
TYPE OF REPORT: 2010 Annual Report
DATE NOD RECEIVED: February 2, 2012
DATE REPORT FILED: July 10, 2012
DAYS LATE: 138 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
TIER: 2
TYPE OF REPORT: 2009 Candidate Report (October 2, 2010 election)
DATE NOD RECEIVED: September 25, 2010
DATE REPORT FILED: July 10, 2012
DAYS LATE: 635 days
ASSESSED LATE FEE: $2,500
OTHER LATE FILINGS: No
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La. R.S. 18:1495.7A requires any person who becomes a candidate for an office for which the holder of the office is required to file financial disclosure statements pursuant to R.S. 42:1124, 1124.2, or 1124.3 shall file a financial disclosure statement as required by R.S. 42:1124, 1124.2, or 1124.3 for the office for which he is a candidate. The statement required by this Section shall be filed within ten (10) days of the day the candidate filed his notice of candidacy for the office.
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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Based on the waiver guidelines, waive the $2,500 late fee associated with the 2009 Tier 2 annual; suspend all but $1,000 based on future compliance of the $2,500 late fee associated with the 2009 Tier 2 candidate; decline to waive the $2,500 late fee associated with the 2010 Tier 2 annual.
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| Assigned Attorney: |
Tracy Barker |
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