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Waiver request submitted by Luis Bustamante, JCFA Charter School Board, regarding a $500 late fee assessed for filing his 2020 Tier 3 annual pfd 150 days late. |
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Mr. Bustamante states that the notice dated April 7, 2022 was left in his mail box without any signature, and the green card was not removed. He states that it was an oversight on his part not to file the 2020 PFD. He states that throughout 2020 due to COVID, he has experienced delays with the mail. He is employed by the Jefferson Parish Department of Juveniles Services as a probation officer. He states that it was an oversight on his part not disclosing his income as a probation officer. He states that the neither he nor his children or neighbors signed for the notice of delinquency. He is asking for a waiver of the late fee due to the inconclusive delivery methods not being certifiable with his signature.
STAFF NOTES: The letter dated April 7, 2022, was the late fee notice, not the notice of delinquency. The report was not for an amendment to a PFD, but for his 2020 annual PFD. The amendment he references involved the 2019 PFD and was filed timely after receiving the notice.
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TYPE OF REPORT: 2020 Tier 3 Annual Report
ORIGINAL FILING DATE: 5/17/2021
DATE NOD RECEIVED: 11/12/2021 (Covid)
DATE REPORT FILED: 4/22/2022
DAYS LATE FROM NOD: 150 days
DAYS LATE FROM ORIGINAL DUE DATE: 340 days
ASSESSED LATE FEE: $500
PRIOR OR OUTSTANDING PFD LATE FEES: None
PRIOR OR OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: None
PRIOR EXPERIENCE: Been filing since 2019
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La. R.S. 42:1124.3
requires persons holding a public office who represent a voting district having a population of less than 5,000 and each member of the governing authority or management board of a charter school created pursuant to Chapter 42 of Title 17 of the Louisiana Revised Statutes of 1950 to file a financial disclosure statement on or before May 15
th
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.
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Suspend all based on future compliance with the Code of Ethics.
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| Assigned Attorney: |
Tracy Barker |
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