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37-4-19
Section 37-4-19 Valuation of utility property - Hearing upon protest; corrections; final order.
If notice of protest is filed, the commission shall fix a time for hearing the same and shall
proceed as promptly as possible to hear and consider any matter relative and material thereto
which may be presented in support of any such protest so filed. If, after hearing any such
protest, the commission shall be of the opinion that its valuation should not be made final,
it shall make such changes as may be necessary to do justice, and shall issue an order making
such valuation as corrected final as of the date thereof, which order shall be a final order
of the commission. If, after hearing any such protest, the commission shall be of the opinion
that its valuation should be made final, it shall issue an order making such valuation final
as of the date thereof, which order shall likewise be a final order of the commission. Any
such final order and the commission's report of valuation upon...
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37-4-20
Section 37-4-20 Valuation of utility property - Revaluation. (a) If the valuation of the property
of any utility has become final as provided in this article, or if such valuation becomes
final as provided in Section 37-4-18, the commission may, within 90 days after any valuation
hereafter made becomes final, proceed for reasons which it shall deem sufficient to make a
revaluation of the property of such utility of which a valuation has been made or may be made
under the provisions of this chapter, such revaluation being had upon the principles declared
in this chapter; and the commission may to this end make such further investigation as provided
in this chapter as it may see fit. The commission shall give notice to any utility of its
intention to proceed to a revaluation of the property of such utility. (b) Whenever the commission
shall have completed its revaluation, it shall make a report thereof, and before such revaluation
shall become final, the commission shall give notice to...
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40-3-16
Section 40-3-16 Duties generally; quorum; powers and duties of agents; protest procedure. It
shall be the duty of the boards of equalization to inspect, review, revise, and fix the value
of all the property returned to or listed with the assessing official for taxation each year;
provided, that nothing in this chapter shall be construed to require the assessing official
or boards of equalization to value any property required by the law to be assessed for taxation
by the Department of Revenue. The majority of the board of equalization shall constitute a
quorum of the board for the performance of the duties required herein; provided, that at any
time the Department of Revenue shall deem it necessary it may go or send or use agents or
representatives in any county with authority to act in an advisory capacity and in conjunction
with the board of equalization and perform other duties, with respect to the valuation and
assessment of property for taxation, as may be required of them. Agents...
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40-7-25.1
Section 40-7-25.1 Current use value of Class III property - Definition; appraisal of property
at request of owner; legislative intent; applicability of section; method of valuation; factors
considered in appraisal; rules and regulations of Department of Revenue; hearing objections.
(a) For ad valorem tax years beginning on and after October 1, 1978, with respect to taxable
property defined in Section 40-8-1, as amended, as Class III property and upon request by
the owner of such property as hereinafter provided, the assessor shall base his appraisal
of the value of such property on its current use on October 1 in any taxable year and not
on its fair and reasonable market value. Failure of an owner of Class III property to request
appraisal at current use value shall mean that the property shall be valued on its fair and
reasonable market value as otherwise provided in this title until such time as the owner thereof
shall request valuation on the basis of current use value. As used in...
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40-2B-2
Section 40-2B-2 Alabama Tax Tribunal. (a) Statement of Purpose. To increase public confidence
in the fairness of the state tax system, the state shall provide an independent agency with
tax expertise to resolve disputes between the Department of Revenue and taxpayers, prior to
requiring the payment of the amounts in issue or the posting of a bond, but after the taxpayer
has had a full opportunity to attempt settlement with the Department of Revenue based, among
other things, on the hazards of litigation. By establishing an independent Alabama Tax Tribunal
within the executive branch of government, this chapter provides taxpayers with a means of
resolving controversies that insures both the appearance and the reality of due process and
fundamental fairness. The tax tribunal shall provide hearings in all tax matters, except those
specified by statute, and render decisions and orders relating thereto. A tax tribunal hearing
shall be commenced by the filing of a notice of appeal protesting...
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37-4-18
Section 37-4-18 Valuation of utility property - Notice; filing of protest; finality. Whenever
the commission shall have completed its valuation and report of the property of any utility,
as provided in this article, and before such valuation shall become final, the commission
shall give notice to such utility and to every municipality in the state where such utility
renders service, as shown by the records of the commission, stating the valuation placed upon
the property valued, and shall allow 90 days in which such utility, or any person who uses
the service of such utility, or any municipality in which such utility operates, may file
a protest of the same with the commission. If no protest is filed within 90 days, the valuation
fixed by such report shall become final, as of the date thereof. (Acts 1920, No. 37, p. 38;
Acts 1923, No. 82, p. 62; Code 1923, §9758; Code 1940, T. 48, §320.)...
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40-27-1
Section 40-27-1 Compact adopted; terms. The following Multistate Tax Compact is hereby approved,
adopted and enacted into law by the State of Alabama: Multistate Tax Compact Article I. Purposes.
The purposes of this compact are to: 1. Facilitate proper determination of state and local
tax liability of multistate taxpayers, including the equitable apportionment of tax bases
and settlement of apportionment disputes. 2. Promote uniformity or compatibility in significant
components of tax systems. 3. Facilitate taxpayer convenience and compliance in the filing
of tax returns and in other phases of tax administration. 4. Avoid duplicative taxation. Article
II. Definitions. As used in this compact: 1. "State" means a state of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession
of the United States. 2. "Subdivision" means any governmental unit or special district
of a state. 3. "Taxpayer" means any corporation, partnership, firm,...
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37-4-21
Section 37-4-21 Valuation of utility property - Appeals. When any order of valuation or of
revaluation of the commission has become a final order, an appeal may be taken therefrom by
the utility or by any person, as defined in this article, who is a party to the cause before
the commission, to the Circuit Court of Montgomery County, Alabama, within 30 days from the
date of such final order, and upon the hearing of such appeal that court shall have the right
to affirm the order of the commission, or reverse the same and remand the case to the commission
for further consideration. From any such judgment of the circuit court, an appeal shall lie
to the Supreme Court of Alabama, which court shall have the right to affirm the judgment of
the circuit court, or to reverse the same and remand the case to the commission for further
consideration. If the case should be reversed and remanded to said commission by either the
circuit or the supreme court, the commission shall proceed to a...
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37-4-62
Section 37-4-62 Forced sales - Application to commission; notice and hearing; order. If acquisition
of the property sought to be acquired by the agency is not consummated under the provisions
of Sections 37-4-60 and 37-4-61, the agency, before proceeding to engage in the proposed business,
shall take such steps as may be provided in this division. If the agency and the owner fail
within 60 days after written notice to the owner of the utility as provided in this division
to consummate the proposed acquisition, either the agency or the owner may apply to the commission
within 15 days after the expiration of such 60 days for a determination as to what property
ought in the public interest to be included in the purchase and what price ought to be paid,
having in view the cost of the property less a reasonable allowance for depreciation and obsolescence,
and any other element which may enter into a determination of the fair value of the property
to be purchased; but such price shall be...
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34-27-36
Section 34-27-36 Disciplinary action - Generally. (a) The commission or its staff may on its
own, or on the verified complaint in writing of any person, investigate the actions and records
of a licensee. The commission may issue subpoenas and compel the testimony of witnesses and
the production of records and documents during an investigation. If probable cause is found,
a formal complaint shall be filed and the commission shall hold a hearing on the formal complaint.
The commission shall revoke or suspend the license or impose a fine of not less than one hundred
dollars ($100) nor more than two thousand five hundred dollars ($2,500), or both, or reprimand
the licensee in each instance in which the licensee is found guilty of any of the following
acts set out in this section. The commission may revoke or suspend a license until such time
as the licensee has completed an approved continuing education course and/or made restitution
to accounts containing funds to be held for other...
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