(1) Not later than thirty days after receipt of a notice under section 38-13-1011, a putative holder may request an informal conference with the administrator to review the determination. Except as otherwise provided in this section, the administrator may designate an employee to act on behalf of the administrator.
(2) If a putative holder makes a timely request under subsection (1) of this section for an informal conference:
Not later than twenty days after the date of the request, the administrator shall set thetime and place of the conference;
The administrator shall give the putative holder notice in a record of the time andplace of the conference;
The conference may be held in person, by telephone, or by electronic means, as determined by the administrator;
The request tolls the ninety-day period under sections 38-13-1103 and 38-13-1104 until notice of a decision under subsection (2)(g) of this section has been given to the putative holder or the putative holder withdraws the request for the conference;
The conference may be postponed, adjourned, and reconvened as the administratordetermines appropriate;
The administrator or administrator's designee, with the approval of the administrator,may modify a determination made under section 38-13-1011 or withdraw it; and
The administrator shall issue a decision in a record and provide a copy of the recordto the putative holder and examiner not later than twenty days after the conference ends.
A conference under subsection (2) of this section is not an administrative remedy andis not a contested case subject to the "State Administrative Procedure Act", article 4 of title 24. An oath is not required and the rules of evidence do not apply in the conference.
At a conference under subsection (2) of this section, the putative holder shall begiven an opportunity to confer informally with the administrator and the person that examined the records of the putative holder to:
(a) Discuss the determination made under section 38-13-1011; and (b) Present any issue concerning the validity of the determination.
(5) If the administrator fails to act within the period prescribed in subsection (2) of this section, the failure does not affect a right of the administrator; except that interest does not accrue on the amount for which the putative holder was determined to be liable under section 3813-1011 during the period in which the administrator failed to act until the earlier of:
The date under section 38-13-1103 when the putative holder initiates administrativereview or files an action under section 38-13-1104; or
Ninety days after the putative holder received notice of the administrator's determination under section 38-13-1011 if no review was initiated under section 38-13-1103 and no action was filed under section 38-13-1104.
The administrator may hold an informal conference with a putative holder about adetermination under section 38-13-1011 without a request at any time before the putative holder initiates administrative review under section 38-13-1103 or files an action under section 38-131104.
Interest and penalties under section 38-13-1204 continue to accrue on property notreported, paid, or delivered as required by this article 13 after the initiation, and during the pendency, of an informal conference under this section.
Source: L. 2019: Entire article R&RE, (SB 19-088), ch. 110, p. 450, § 1, effective July 1, 2020.