California Revenue & Taxation Code

Cal. Rev. & Tax. Code § 43352

Official textleginfo.legislature.ca.govlast amended

In accordance with such rules and regulations as the board may prescribe, the person against whom a jeopardy determination is made may apply for an administrative hearing for one or more of the following purposes:

# (a)

To establish that the determination is excessive.

# (b)

To establish that the sale of property that may be seized after issuance of the jeopardy determination, or any part thereof, shall be delayed pending the administrative hearing because the sale would result in irreparable injury to the person.

# (c)

To request the release of all or a part of the property to the person.

# (d)

To request a stay of collection activities.

The application shall be filed within 30 days after service of the notice of jeopardy determination and shall be in writing and state the specific factual and legal grounds upon which it is founded. The person shall not be required to post any security in order to file the application and to obtain the hearing. However, if the person does not deposit, within the 10-day period prescribed in Section 43351, such security as the board may deem necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except sale of property seized after issuance of the jeopardy determination. Upon a showing of good cause for failure to file a timely application for administrative hearing, the board may allow a filing of the application and grant the person an administrative hearing. The filing of an application pursuant to this section shall not affect the provisions of Section 43350 relating to the finality date of the determination or to penalty or interest.

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Nearby sections (25 sections)
  1. 43202
  2. 43203
  3. 43204
  4. 43301
  5. 43302
  6. 43303
  7. 43304
  8. 43305
  9. 43306
  10. 43307
  11. 43350
  12. 43351
  13. 43352
  14. 43401
  15. 43402
  16. 43413
  17. 43414
  18. 43421
  19. 43422
  20. 43423
  21. 43431
  22. 43432
  23. 43433
  24. 43434
  25. 43441
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