§1124.4. Penalties
A.(1) If a person fails to timely file a financial statement as required by R.S.
18:1495.7 or by R.S. 42:1124, 1124.2, 1124.2.1, or 1124.3, or a person omits any
information required to be included in the statement, or the board has reason to believe
information included in the statement is inaccurate, the board shall notify the person of such
failure, omission, or inaccuracy by sending him by certified mail or service of process a
notice of delinquency immediately upon discovery of the failure, omission, or inaccuracy.
(2) 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 a failure, omission, or inaccuracy must be
filed no later than seven business days after receipt of the notice of delinquency. The notice
shall include the deadline for filing the statement, filing the answer, or disclosing or
accurately disclosing the information.
(3) The board shall inform the person in the notice of delinquency that failure to file
the statement, to disclose or accurately disclose the information, or to file an answer
contesting the allegation by the deadline may result in the imposition of penalties as provided
in Subsection C of this Section.
B.(1) If the person files the statement, provides the omitted information, or corrects
the inaccurate information prior to the deadline contained in the notice of delinquency, no
penalties shall be assessed against the person. If the person files a written answer contesting
the allegations prior to the deadline contained in the notice of delinquency, no penalties shall
be assessed until a determination is made by the board that a violation occurred.
(2) If the person fails to file the statement, fails to provide the omitted information,
fails to correct the inaccurate information, or fails to file a written answer prior to the
deadline contained in the notice of delinquency, he may be subject to assessment of the
penalties provided in Subsection C of this Section for each day until the statement, omitted
information, corrected information, or written answer is filed.
(3) Upon a finding by the board in connection with a written answer that no violation
has occurred, no penalties shall be assessed against the person. If the board finds in
connection with a written answer that the person has failed to file the statement or failed to
disclose or accurately disclose the required information, he shall be subject to assessment of
the penalties provided in Subsection C of this Section for each day until the statement is
filed, until the omitted information is filed, or until the inaccurate information is corrected.
C. Penalties may be assessed as follows:
(1) Five hundred dollars per day for financial statements required by R.S. 42:1124.
(2) One hundred dollars per day for statements required by R.S. 42:1124.2.
(3) Fifty dollars per day for statements required by R.S. 42:1124.2.1.
(4) Twenty-five dollars per day for statements required by R.S. 42:1124.3.
(5) The penalties to be assessed candidates shall be assessed according to which
financial statement the candidate is required to file as provided in R.S. 18:1495.7.
D.(1)(a) A finding by the board after the notice provided for in Paragraph (A)(1) of
this Section that a person has willfully and knowingly failed to file a statement, willfully and
knowingly failed to timely file a statement, willfully and knowingly omitted information
from a statement, or willfully and knowingly provided inaccurate information in a statement
shall subject the person to prosecution for a misdemeanor.
(b)(i) Upon first conviction thereof, the person shall be fined not less than one
thousand dollars nor more than five thousand dollars.
(ii) Upon a second or subsequent conviction for violation of the same reporting
requirement, the person shall be fined not less than one thousand dollars nor more than ten
thousand dollars.
(2) Any person prosecuted under this Subsection shall have a right to be tried before
a jury of six persons, all of whom shall concur to render a verdict.
(3)(a) Findings pursuant to this Section shall be made by the board at a public
hearing conducted for that purpose.
(b) Any public hearing conducted pursuant to this Section shall be conducted in
accordance with the provisions of this Chapter no earlier than thirty days after the person
who is the subject of the hearing has received notice by certified mail advising the person of
the hearing date, time, and location, and advising the person that he may exercise his
constitutional right to counsel and may exercise his constitutional right not to incriminate
himself.
(c) The board shall provide the person who is the subject of the hearing, no later than
fifteen days before the hearing, with a copy of the report of the staff to the board regarding
the person's alleged failure to file or failure to timely file, a copy of all information gathered
by the board related to the alleged failure to file or failure to timely file, and a copy of all
potential exhibits to be introduced at the hearing.
(d) The person who is the subject of the hearing shall have the power and authority
to subpoena witnesses and compel the production of books, records, and papers.
(e) The board shall, before the hearing, grant the person subject to the hearing an
opportunity to submit a brief statement in response to the report of the staff.
(f) The board shall, at the election of the person subject to the hearing, permit the
person to appear for the hearing or to address the board in person, by telephone, or by
videoconference.
(g) The board shall, after the hearing, grant the person subject to the hearing an
opportunity to address, orally or in writing, the final report of the staff, the evidence
presented at the hearing, and any factual or legal issues relevant to the alleged violation by
the person subject to the hearing.
(h) The hearing shall be recorded at the expense of the board.
(4) Upon finding at a public hearing a possible violation of Subsection D of this
Section, the board shall forward its findings to the district attorney in the parish which is the
domicile of the person who filed the report for appropriate action.
E.(1) The Board of Ethics shall post on its web site on the Internet a list of all
persons who have failed to file, or failed to timely file, or who have failed to provide omitted
information or failed to provide accurate information as required by this Section.
(2)(a) No person shall be included on the list unless he fails to file, to provide
omitted information, or to provide accurate information by the deadline included in a notice
of delinquency, nor shall he be included on the list if he has filed an answer contesting the
allegations included in the notice of delinquency.
(b) A person shall be removed from the list within two business days after filing the
statement or accurately disclosing the required information.
F. If a person who is required to disclose information required by R.S. 42:1124,
1124.2, 1124.2.1, or 1124.3 discovers an error or inaccuracy in the information he disclosed
and files an amendment to such disclosure correcting such error or inaccuracy prior to the
receipt of a notice of delinquency, no penalties shall be assessed against the person, and the
board shall replace the initial disclosure with the amendment thereto in the official records
of the board.
Acts 2008, 1st Ex. Sess., No. 1, §2, eff. Jan. 1, 2009; Acts 2008, No. 162, §1, eff. Jan.
1, 2009; Acts 2008, No. 472, §1, eff. Jan. 1, 2009; Acts 2012, No. 574, §2, eff. Jan. 1, 2013;
Acts 2014, No. 739, §1; Acts 2021, No. 177, §1, eff. June 11, 2021; Acts 2025, No. 301, §1,
eff. June 11, 2025.