Meetings
 
Agenda Item
Docket No. 16-619
 
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RE:
Waiver request submitted by Francis P. Johnson III, a former member of the Louisiana Board of Massage Therapists, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 annual PFD 224 days late.
Facts:
Mr. Johnson states that he was first made aware of the delinquency in December 2015. He explains that he never received the initial NOD issued in April 2015. He explains that he moved to Mississippi in March 2014 subsequent to his separation and divorce. (Green card receipt indicates that the Notice was signed for by Kiesheina Fisher.)

Mr. Johnson further explains that he is in school and the curriculum is very demanding; therefore, he is unable to work while in the physical therapy assistant program. He has submitted documentation from the utility department showing payment of utilities since March 2014. He has also submitted documentation from the school showing his enrollment and a letter stating that employment is not encouraged while enrolled.


Comments:
TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED:April 25, 2015 (Kiesheina Fisher signed the green card)
DATE REPORT FILED: December 15, 2015
DAYS LATE FROM NOD: 224 days
DAYS LATE FROM ORIGINAL DUE DATE: 579 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 prior disclosures 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 $250 based on future compliance with the reporting requirements under the Code of Ethics. The $250 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:
2016-619 - Waiver Request Agenda