Title 48, Chapter 5, Section 154
( 48-5-154)
Annually on or before April 20, unless the time is extended by the
commissioner for cause which the commissioner deems sufficient, each
tax collector or tax commissioner shall make and file an accounting
with the commissioner as to state taxes and with the governing
authority of his county as to county taxes for the preceding year,
in which the accounts of the tax collector or tax commissioner shall
be fully stated and uncollected items on the digest of the preceding
year shall be listed in detail. The tax collector or tax
commissioner shall set opposite each item the reason why the item
has not been collected and the name of the officer in whose hands
the tax execution is or, if no execution has been issued, the reason
why it has not been issued, and such further information as the
commissioner or the county governing authority, as the case may be,
shall require. If the commissioner or the county governing
authority finds that all collections made up to the date of the
accounting have been properly accounted for by the tax collector or
tax commissioner, an order to that effect shall be entered by the
commissioner or the county governing authority. If it appears that
there is any default in accounting for collections made, the tax
collector or tax commissioner and his sureties shall be promptly
cited as provided by law to make good the default. The commissioner
and the county governing authority shall have the jurisdiction and
power to correct all errors in the digests, to order abatement or
cancellation of taxes erroneously assessed, and to make other
adjustments in the digests of a similar nature and to reflect the
same in the account as stated. Regarding uncollected items not
relieved against in the manner stated, the commissioner or the
county governing authority, as the case may be, shall ascertain
whether failure to collect the item or any part of the item has been
due to negligence or bad faith on the part of the tax collector or
tax commissioner. If the commissioner or the county governing
authority is of the opinion that there is sufficient evidence of
negligence or bad faith to justify a citation as for a default, a
citation shall be issued against the tax collector or tax
commissioner and his sureties. Otherwise, and unless a default
appears in the proper accounting for collections made by the tax
collector or tax commissioner, the accounts of the tax collector or
tax commissioner shall be approved. If an account is disapproved in
part, if there are uncollected items with respect to the failure of
collection of which no negligence or bad faith on the part of the
tax collector or tax commissioner appears, the commissioner or
county governing authority shall approve them and in detail shall
state in what part the account is approved and in what part and for
what reasons the account is not approved. An approved account or
approved part of an account shall be prima facie conclusive of its
correctness as of the date of the approval and, unless its
correctness is challenged in a citation or in an action brought
within two years from the date of the approval, shall be absolutely
conclusive of the correctness of the account or of the approved
parts of the account as of the date of the approval. |