50-13-12
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50-13-12.
(a)
The Department of Revenue shall hold a hearing upon written demand therefor by
any taxpayer aggrieved by any act of the department in a matter involving his
liability for taxes, or any failure of the department to act in such a matter if
the failure is deemed an act under any provision of a tax statute administered
by the department, or by any order of the department in such a matter other than
an order on a hearing of which the taxpayer was given actual notice or at which
the taxpayer appeared as a party.
(b)
Any such demand for a hearing shall be made within 30 days after the act or
failure to act causing the injury and shall specify in what respect the taxpayer
is aggrieved and the grounds to be relied upon as a basis for the relief to be
demanded at the hearing; and, unless postponed by mutual consent, the hearing
shall be held within 30 days after receipt by the Department of Revenue of the
demand therefor. The proceeding shall have the status of a contested case.
(c)
Pending the hearing and the decision thereon the Department of Revenue may
suspend or postpone the effective date of its previous action.
(d)
This Code section is not intended to require that the aggrieved taxpayer must
demand a hearing hereunder before pursuing judicial remedies which may be
available to him, but an aggrieved taxpayer who does demand a hearing under this
Code section shall be deemed to have elected the remedies provided in this Code
section and in Code Section 50-13-19 as his exclusive remedies.