California Revenue & Taxation Code

Cal. Rev. & Tax. Code § 46303

Official textleginfo.legislature.ca.govlast amended

# (a)

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:

(1)To establish that the determination is excessive.

(2)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.

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

(4)To request a stay of collection activities.

# (b)

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 46302, such security as the board may determine to be necessary to ensure compliance with this part, the filing of the application shall not operate as a stay of collection activities, except the 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 46301 relating to the finality date of the determination or to penalty or interest.

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Nearby sections (25 sections)
  1. 46201
  2. 46202
  3. 46203
  4. 46204
  5. 46205
  6. 46251
  7. 46252
  8. 46253
  9. 46254
  10. 46255
  11. 46301
  12. 46302
  13. 46303
  14. 46351
  15. 46352
  16. 46353
  17. 46354
  18. 46355
  19. 46356
  20. 46357
  21. 46401
  22. 46402
  23. 46403
  24. 46404
  25. 46405
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