Section 46626 Of Article 2. The California Taxpayers’ Bill Of Rights From California Revenue And Taxation Code >> Division 2. >> Part 24. >> Chapter 6. >> Article 2.
46626
. (a) At least 30 days prior to the filing or recording of a
lien pursuant to either Chapter 14 (commencing with Section 7150) or
Chapter 14.5 (commencing with Section 7220) of Division 7 of Title 1
of the Government Code, the board shall mail to the fee payer a
preliminary notice of lien. The notice shall specify the board's
statutory authority for filing or recording the lien, the earliest
date on which the lien may be filed or recorded, and the remedies
available to the fee payer to prevent the filing or recording of the
lien. In the event liens are filed for the same liability in multiple
counties, only one preliminary notice shall be sent.
(b) The preliminary notice required by this section shall not
apply to jeopardy determinations issued under Article 4 (commencing
with Section 46301) of Chapter 3.
(c) If the board determines that a lien was recorded in error, it
shall mail a release to the fee payer and the entity that recorded
the lien as soon as possible, but in no event later than seven days
after this determination and the receipt of lien recording
information. The release shall contain a statement that the lien was
filed in error. In the event the erroneously recorded lien is
obstructing a lawful transaction, the board shall immediately issue a
release of lien to the fee payer and the entity that recorded the
lien.
(d) Upon issuing a release pursuant to subdivision (c), notice of
that release shall be mailed to the taxpayer. Upon the request of the
taxpayer, a copy of the release shall be mailed to the major credit
reporting companies in the county where the lien was recorded.
(e) The board may release or subordinate a lien if the board
determines that the release or subordination will facilitate the
collection of the fee liability or will be in the best interest of
the state and the fee payer.