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40-18-104
Section 40-18-104 Hearing procedure. (a) When the claimant agency receives a protest or application
in writing from a taxpayer within 30 days of the notice issued by the department pursuant
to subsection (c) of Section 40-18-103, the claimant agency shall set a date to hear the protest
and give notice to the taxpayer by registered or certified mail of the date so set. The time
and place of such hearing shall be designated in such notice and the date set shall not be
less than 15 days from the date of such notice. If, at hearing, the sum asserted as due and
owing is found not to be correct, an adjustment to the claim may be made. The claimant agency
shall give notice to the debtor of its final determination and inform the debtor of his right
to appeal such final determination as provided in subsection (c) of this section. (b) No issues
shall be reconsidered at the hearing which have been previously litigated. (c) If any debtor
is dissatisfied with the final determination made at the...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-104.htm - 1K - Match Info - Similar pages
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...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-2B-2.htm - 39K - Match Info - Similar pages
41-22-20
Section 41-22-20 Judicial review of preliminary, procedural, etc., actions or rulings and final
decisions in contested cases. (a) A person who has exhausted all administrative remedies available
within the agency, other than rehearing, and who is aggrieved by a final decision in a contested
case is entitled to judicial review under this chapter. A preliminary, procedural, or intermediate
agency action or ruling is immediately reviewable if review of the final agency decision would
not provide an adequate remedy. (b) All proceedings for review may be instituted by filing
of notice of appeal or review and a cost bond with the agency to cover the reasonable costs
of preparing the transcript of the proceeding under review, unless waived by the agency or
the court on a showing of substantial hardship. A petition shall be filed either in the Circuit
Court of Montgomery County or in the circuit court of the county in which the agency maintains
its headquarters, or unless otherwise...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/41-22-20.htm - 11K - Match Info - Similar pages
40-18-103
Section 40-18-103 Procedure for setoff and notification of taxpayer. (a) A county or municipality
may submit a debt of at least $25 owed to it for collection under this chapter. Provided,
however, that a county or municipality must submit the debt to the department through one
of the following: (1) The Association of County Commissions of Alabama or an entity established
through the Association of County Commissions of Alabama. (2) The Alabama League of Municipalities
or an entity established through the Alabama League of Municipalities. The organization which
submits a debt on behalf of any county or municipality may assess a reasonable fee, which
shall be twenty-five dollars ($25) for submitting the debt. This fee may be assessed against
the debtor and collected as the first amount set off against any tax refund. (b) Within a
time frame specified by the department, a claimant agency seeking to collect a debt through
setoff shall supply the information necessary to identify each...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-103.htm - 5K - Match Info - Similar pages
22-21-275
Section 22-21-275 Procedures for review of applications for certificates of need. The SHPDA,
pursuant to the provisions of Section 22-21-274, shall prescribe by rules and regulations
the procedures for review of applications for certificates of need and for issuance of certificates
of need. Rules and regulations governing review procedures shall include, but not necessarily
be limited to, the following: (1) Agreement with other review agencies for review procedures
consistent with this article and federal regulations. (2) Application procedures and forms
of the application necessary to elicit and provide all necessary information as required by
the review criteria. (3) Establishment of a project review period of 90 days from the date
the state agency determines that the application is complete and notification thereof is made
to the applicant. The rules and regulations may provide for a period of not more than 15 days
for determination of the completeness of the application,...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/22-21-275.htm - 10K - Match Info - Similar pages
25-4-134
Section 25-4-134 Procedures for collection of delinquent contribution payments. (a) Generally.
The contributions, interest, and penalties required to be paid under this chapter shall be
a first and prior lien upon all property and rights to property, real or personal, of any
employer subject to this chapter. The lien shall arise at the time the contribution report,
or the payment of the contributions, as the case may be, was due to have been filed with or
made to the Department of Labor. The secretary may file in the office of the judge of probate
of any county in this state a certificate which shall show the name of the department for
which it is filed, the amount and nature of the contributions, interest, and penalties for
which a lien is claimed together with any costs that may have accrued, the name of the employer
against whose property a lien for such contributions, interest, and penalties is claimed and
the date thereof. An error in the certificate of the amount shall not...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-134.htm - 18K - Match Info - Similar pages
40-18-105
Section 40-18-105 Finalization and notice of setoff. (a) Upon final determination of the amount
of the debt due and owing by means of a hearing provided by Section 40-18-104 or by the taxpayer's
default through failure to comply with Section 40-18-103 mandating timely request for review,
the claimant agency shall remove the amount of the debt due and owing from the escrow account
established pursuant to Section 40-18-103 and credit such amount to the debtor's obligation.
(b) Upon transfer of the debt due and owing from the escrow account to the credit of the debtor's
account, the claimant agency shall notify the debtor in writing of the finalization of the
setoff. Such notice shall include a final accounting of the refund which was set off including
the amount of the refund to which the debtor was entitled prior to the setoff, the amount
of the debt due and owing, the amount of the refund in excess of the debt which was returned
to the debtor by the department pursuant to subsection...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-18-105.htm - 1K - Match Info - Similar pages
11-51-191
Section 11-51-191 Determination of amounts due; preliminary and final assessments; review;
appeal; refund for overpayment. (a) If the taxing jurisdiction determines that the amount
of any business license tax reported on or remitted with a business license remittance form
is incorrect, if no business license remittance form is filed within the time prescribed,
or if the information provided on the form is insufficient to allow the taxing jurisdiction
to determine the proper amount of business license tax due, the taxing jurisdiction may calculate
the correct amount of the tax based on the most accurate and complete information reasonably
obtainable. The taxing jurisdiction may thereafter enter a preliminary assessment for the
correct amount of business license tax, including any applicable penalty and interest. Nothing
contained herein shall limit or restrict a municipality's right to seek injunctive relief
under Section 11-51-150, et seq. (b) If the amount of business license tax...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/11-51-191.htm - 13K - Match Info - Similar pages
25-4-91
Section 25-4-91 Determinations and redeterminations upon claims for benefits. (a) Determination
by examiner. A determination upon a claim filed pursuant to Section 25-4-90 shall be made
promptly by an examiner designated by the secretary, and shall include a statement as to whether
and in what amount a claimant is entitled to benefits and, in the event of denial, shall state
the reasons therefor; except, that where he deems additional evidence to be needed, the examiner
may refer such claim or any question involved therein to an appeals tribunal who shall make
this decision with respect thereto in accordance with the proceeding prescribed in Section
25-4-93. A determination with respect to the first week of a benefit year shall also include
a statement as to whether the claimant has been paid the wages specified under subdivision
(a)(5) of Section 25-4-77 and if so, the first day of the benefit year, his weekly benefit
amount, and the maximum total amount of benefits payable to him...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/25-4-91.htm - 6K - Match Info - Similar pages
40-3-25
Section 40-3-25 Appeals - Procedure. All appeals from the rulings of the board of equalization
fixing value of property shall be taken within 30 days after the final decision of said board
fixing the assessed valuation as provided in this chapter. The taxpayer shall file notice
of said appeal with the secretary of the board of equalization and with the clerk of the circuit
court and shall file bond to be filed with and approved by the clerk of the circuit court,
conditioned to pay all costs, and the taxpayer or the state shall have the right to demand
a trial by jury by filing a written demand therefor within 10 days after the appeal is taken.
When an appeal is taken, the taxpayer shall pay the taxes due as fixed for assessment for
the preceding tax year before the same becomes delinquent; and, upon failure to do so, the
court upon motion ex mero motu must dismiss the appeal, unless at the time of taking the appeal
the taxpayer has executed a supersedeas bond with sufficient sureties...
alisondb.legislature.state.al.us/alison/CodeOfAlabama/1975/40-3-25.htm - 5K - Match Info - Similar pages
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