Meetings
 
Agenda Item
Docket No. 16-620
 
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RE:
Waiver request submitted by David B. Trent, former member of the Pilot Fee Commission, regarding a $1,500 late fee assessed for filing his 2014 Tier 2.1 annual PFD 97 days late.
Facts:
Attorney Andrew Ezell (on behalf of Mr. Trent) states that Mr. Trent served as an ex officio member of the commission. Attorney Ezell also states that because Mr. Trent resigned from the commission in June 2014, he did not think he was required to file a disclosure statement for that calendar year. He also states that he thought his replacement (Brett Palmer) would be responsible for filing a 2014 annual PFD (Mr. Palmer filed a 2014 annual PFD on 4/14/15).

Attorney Ezell acknowledges that Mr. Trent submitted an Answer; however, it was filed two days late on August 11, 2015. Mr. Trent was not advised until October 27, 2015. Subsequent to the agency notifying Mr. Trent of the untimely filed Answer, the PFD was filed on 11/12/15.

Comments:
TYPE OF REPORT: 2014 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2015
DATE NOD RECEIVED: July 29, 2015 (appears wife signed green card)
DATE REPORT FILED: November 12, 2015
DAYS LATE FROM NOD: 97 days
DAYS LATE FROM ORIGINAL DUE DATE: 181 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
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:
2016-620 - Waiver Request