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234.350 Surrender or cancellation of license.
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If a licensee at any time files a false monthly report of the information required,
or fails or refuses to file the monthly report or to pay the full amount of the tax
or violates any other provision of KRS 234.310 to 234.440, without a showing
that the failure was due to reasonable cause, the department may cancel the
license and suspend the privilege of acting as a liquefied petroleum gas motor
fuel dealer.
Upon voluntary surrender of the license or upon receipt of a written request by
a licensee, the department may cancel his license, effective sixty (60) days
from the date of request, but no license shall be canceled upon surrender or
request unless the licensee has, prior to the date of cancellation, paid to this
state all taxes, penalties, interest, and fines that are due or have accrued, and
unless the licensee has surrendered to the department his license.
If upon investigation the department ascertains that any person to whom a
license has been issued is no longer engaged as a liquefied petroleum gas
motor fuel dealer or a liquefied petroleum gas motor fuel user-seller, and has
not been so engaged for a period of six (6) months, the department may cancel
the license by giving the person sixty (60) days' notice of cancellation, mailed
to his last known address in which event the license shall be surrendered to the
department.
Whenever a licensee ceases to engage in business within this state, he shall
notify the department in writing within fifteen (15) days after discontinuance. All
taxes that have accrued under KRS 234.310 to 234.440, whether or not then
due, shall become due and payable concurrently with the discontinuance. The
licensee shall make a report and pay all such taxes and any interest and
penalties thereon, and shall surrender to the department his license.
If the department takes action to cancel a license as provided in this section,
the licensee shall be notified by certified or registered letter or summons of the
charges against him, and he shall be afforded an opportunity for an informal
hearing on the matter. The hearing shall be set at least five (5) days from the
date the letter is delivered or the summons is served. Any licensee aggrieved
by a decision to cancel his license after the informal hearing may appeal the
decision to the Kentucky Board of Tax Appeals where he shall be granted an
administrative hearing in accordance with KRS Chapter 13B.
If the license is canceled by the department as provided in this section, and if
the licensee has paid to this state all taxes, interest, and penalties under KRS
234.310 to 234.440, the department shall cancel the bond filed by the licensee.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 85, sec. 638, effective June 20, 2005. -Amended 1996 Ky. Acts ch. 318, sec. 152, effective July 15, 1996. -- Created
1960 Ky. Acts ch. 176, sec. 6, effective July 1, 1960.
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