Jurris.COM
Article 4. Jeopardy Determinations of California Revenue And Taxation Code >> Division 2. >> Part 26. >> Chapter 3. >> Article 4.
If the board determines that the collection of any amount
of fee will be jeopardized by delay, it shall thereupon make a
determination of the amount of fee due, noting that fact upon the
determination, and the amount of the fee shall be immediately due and
payable. If the amount of the fee, interest, and penalty specified
in the jeopardy determination is not paid, or a petition for
redetermination is not filed, within 10 days after the service upon
the feepayer of a notice of the determination, the determination
becomes final, and the delinquency penalty and interest provided in
Section 50112 shall attach to the amount of fee specified in the
jeopardy determination.
The fee payer against whom a jeopardy determination is
made may file a petition for the redetermination thereof, pursuant to
Article 3 (commencing with Section 50114), with the board within 10
days after the service upon the fee payer of notice of the
determination, and he or she shall, within the 10-day period, deposit
with the board that security which the board determines to be
necessary to ensure compliance with this part. The security may be
sold by the board at a public sale if it becomes necessary in order
to recover any amount due under this part. Notice of the sale may be
served upon the person who deposited the security personally or by
mail in the same manner as prescribed for service of notice by
subdivision (d) of Section 50113. After that sale, the surplus, if
any, above the amount due under this part shall be returned to the
person who deposited the security.
(a) In accordance with rules and regulations which the
board may adopt, the person against whom a jeopardy determination is
made may apply for an administrative hearing for one or more of the
following purposes:
(1) To establish that the determination is excessive.
(2) To establish that the sale of property that may be seized after issuance of the jeopardy determination, or any part thereof, shall be delayed pending the administrative hearing because the sale would result in irreparable injury to the person.
(3) To request the release of all or part of the property to the person.
(4) To request a stay of collection activities.
(b) The application shall be filed within 30 days after service of the notice of jeopardy determination and shall be in writing and state the specific factual and legal grounds upon which it is founded. The person shall not be required to post any security in order to file the application and to obtain the hearing. However, if the person does not deposit, within the 10-day period prescribed in Section 50120.2, that security which the board determines to be necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except for sale of property seized after issuance of the jeopardy determination. Upon a showing of good cause for failure to file a timely application for an administrative hearing, the board may allow a filing of the application and grant the person an administrative hearing. The filing of an application pursuant to this section does not affect Section 50120.1, relating to the finality date of the determination, and the attachment of the delinquency penalty and interest.
(1) To establish that the determination is excessive.
(2) To establish that the sale of property that may be seized after issuance of the jeopardy determination, or any part thereof, shall be delayed pending the administrative hearing because the sale would result in irreparable injury to the person.
(3) To request the release of all or part of the property to the person.
(4) To request a stay of collection activities.
(b) The application shall be filed within 30 days after service of the notice of jeopardy determination and shall be in writing and state the specific factual and legal grounds upon which it is founded. The person shall not be required to post any security in order to file the application and to obtain the hearing. However, if the person does not deposit, within the 10-day period prescribed in Section 50120.2, that security which the board determines to be necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except for sale of property seized after issuance of the jeopardy determination. Upon a showing of good cause for failure to file a timely application for an administrative hearing, the board may allow a filing of the application and grant the person an administrative hearing. The filing of an application pursuant to this section does not affect Section 50120.1, relating to the finality date of the determination, and the attachment of the delinquency penalty and interest.
