Meetings
 
Agenda Item
Docket No. 16-176
 
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RE:
Reconsideration of the Board's denial of a waiver request submitted by J. Jerome Smith DDS, State Board of Dentistry, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 Annual PFD 202 days late.
Facts:
Dr. Smith reiterates that a former employee, Darlene Ritchey, signed for the NOD and did not alert him as to its receipt. He goes on to state that Ms. Ritchey failed to submit insurance claims on behalf of clients, which has cost Dr. Smith financially. Ms. Ritchey was fired for her incompetence. He states that this matter was discussed at the last meeting of the Board of Dentistry and the secretary will now issue reminders each year so this does not happen again to any board member.

INITIAL INFORMATION:


Dr. Smith states that former employee, Darlene Ritchey, assisted him in completing and filing his disclosure statements; however, she no longer works for him. Ms. Ritchey signed for the Notice of Delinquency. He states that he was not aware it was received, of the filing deadlines, or of his responsibility to file the report. Dr. Smith requests that the late fee be waived or reduced. He states that he fully intends to comply with all requirements in the future.

Comments:
TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: February 2, 2015 (Darlene Ritchey signed green card)
DATE REPORT FILED: September 1, 2015
DAYS LATE FROM NOD: 202 days
DAYS LATE FROM ORIGINAL DUE DATE: 475 days
ASSESSED LATE FEE: $1,500
OUTSTANDING PFD LATE FEES: None
OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR LATE FEES SUSPENDED/WAIVED: None

He has filed three reports with the Board.


Law:
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.
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 seven (7) business days after receipt of the notice of delinquency.
Recommendations:
Suspend all but $850 based on future compliance with the reporting requirements under the Code of Ethics. The $850 is payable within 30 days and if payment is not received within 30 days, the full amount of the late fee becomes due and owing.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-176 - Reconsideration Request
2016-176 - Waiver Request