Meetings
 
Agenda Item
Docket No. 16-623
 
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RE:
Waiver request submitted by James Carl Pendley, Louisiana Highway Commission, regarding a $1,500 late fee assessed for filing his 2013 Tier 2.1 annual PFD 424 days late.
Facts:
Attorney Byron Richie (on behalf of Mr. Pendley) states that Mr. Pendley believed that he did file his 2013 annual PFD on 2/5/15 (within the seven business days allowed after receipt of the NOD-FF). However, it was not until much later that Mr. Pendley realized that the fax transmission failed. The included fax transmittal shows an attempt on 2/5/15 for six pages with a result of fail.


Attorney Richie requests (since the untimely filing was unintentional) that the late fee be waived, reduced or suspended.

Comments:
TYPE OF REPORT: 2013 Tier 2.1 Annual PFD Report
ORIGINAL DUE DATE: May 15, 2014
DATE NOD RECEIVED: February 4, 2015 (personally signed green card)
DATE REPORT FILED: April 12, 2016
DAYS LATE FROM NOD: 424 days
DAYS LATE FROM ORIGINAL DUE DATE: 698 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 based on future compliance with the reporting requirements under the Code of Ethics.
Assigned Attorney: Tracy Barker
 
 
ATTACHMENTS:
Description:
2016-623 - Waiver Request