House Journal: Page 1533: Monday, April 17, 2000
25 Supplement 1999, is amended to read as follows:
26 2. If a return required by this chapter is not
27 filed, or if a return when filed is incorrect or
28 insufficient and the maker fails to file a corrected
29 or sufficient return within twenty days after the
30 return is required by notice from the department, the
31 department shall determine the amount of charge due
32 from information as the department may be able to
33 obtain and, if necessary, may estimate the charge on
34 the basis of external indices or factors. The
35 department shall give notice of the determination to
36 the person liable for the charge. The determination
37 shall fix the charge unless the person against whom it
38 is assessed shall, within sixty days after the date of
39 the notice of the determination, apply to the director
40 for a hearing or unless the taxpayer person against
41 whom it is assessed contests the determination by
42 paying the tax charge, interest, and penalty and
43 timely filing a claim for refund. At the hearing
44 evidence may be offered to support the determination
45 or to prove that it is incorrect. After the hearing
46 the director shall give notice of the decision to the
47 person liable for the charge.
48 If a depositor's, receiver's, or other person's
49 challenge relates to the diminution rate, the burden
50 of proof upon the challenger shall only be satisfied
Page 9
1 by clear and convincing evidence.
2 Sec. 17. Section 424.12, Code 1999, is amended to
3 read as follows:
4 424.12 RECORDS REQUIRED.
5 It shall be is the duty of every depositor required
6 to make a report and pay any charge under this
7 chapter, to preserve such records as the director may
8 require, and it shall be is the duty of every
9 depositor to preserve for a period of five three years
10 all invoices and other records; and all such books,
11 invoices, and other records shall be open to
12 examination at any time by the department, and shall
13 be made available within this state for such
14 examination upon reasonable notice when the director
15 shall so order. When requested to do so by any person
16 from whom a charge payer is seeking credit, or with
17 whom the charge payer is negotiating the sale of any
18 personal property, or by any other person having a
19 legitimate interest in such information, the director,
20 upon being satisfied that such a situation exists,
21 shall inform such that person as to the amount of
22 unpaid charges due by the charge payer under the
23 provisions of this chapter. The giving of such
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