Title 50, Chapter 13, Section 12
( 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. |