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Request to reconsider the Board's denial of a waiver request submitted by Jocelyn Renea Austin Duffin,Cancer and Lung Trust Fund Board, regarding a $1500 late fee assessed for filing her amended 2017 Tier 2.1 annual pfd 202 days late and regarding a $1500 late fee assessed for filing her amended 2019 Tier 2.1 annual pfd 202 days late. |
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Initial Waiver Request:
Jocelyn Renea Austin Duffin states that although she did file the reports, it was unclear that she was required to list her husband's income as a state employee. Once she gained an appreciation for what was needed, she submitted the needed information via email and fax. It was not until she spoke with a BOE representative in 2020 that she realized the documents had not been received, to which she immediately submitted them. Ms. Duffin notes that the Board has not met in more than three years, which further exacerbates her failure to have filed the disclosures since it was not brought to her attention, because there usually are reminders during board meetings.
Request for Reconsideration:
No new information was submitted.
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TYPE OF REPORT: Tier 2.1 Annual Report
ORIGINAL FILED ON: (2017 - 3/2/2021) (2019 - 3/2/2021)
DATE NOD RECEIVED: (2017 - 5/6/2022) (2019 - 5/6/2022) (son signed)
DATE REPORT FILED: (2017 - 12/5/2022) (2019 - 12/5/2022)
DAYS LATE FROM NOD: (2017 - 202 days) (2019 - 202 days)
ASSESSED LATE FEE: (2017 - $1500) (2019 - $1500)
PRIOR/OUTSTANDING PFD LATE FEES: Yes, 2020 PFD, $1500, not paid
PRIOR/OUTSTANDING CF LATE FEES: None
OUTSTANDING DISCLOSURE REPORTS: No
PRIOR EXPERIENCE:Been filing since 2014
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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 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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Affirm Board's decision to decline to waive.
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| Assigned Attorney: |
Tracy Barker |
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