Section 38435 Of Article 4. Jeopardy Determinations From California Revenue And Taxation Code >> Division 2. >> Part 18.5. >> Chapter 5. >> Article 4.
38435
. In accordance with those rules and regulations as the board
may prescribe, the person against whom a jeopardy determination is
made may apply for an administrative hearing for one or more of the
following purposes:
(a) To establish that the determination is excessive.
(b) 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.
(c) To request the release of all or a part of the property to the
person.
(d) To request a stay of collection activities.
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. No
security need be posted to file the application and to obtain this
hearing. However, if the person does not deposit within the 10-day
period prescribed in Section 38433, such security as the board may
deem necessary to ensure compliance with this part, the filing of the
application shall not operate as a stay of collection activities,
except the 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 this application and grant the person an administrative
hearing. The filing of an application pursuant to this section shall
not affect provisions of Section 38432 relating to the finality date
of the determination or to penalty or interest.