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42.2.621    FINAL AGENCY DECISION AND APPEAL

(1) The hearing examiner shall submit a Proposed Agency Decision to the director for consideration. The Final Agency Decision shall be issued by the Director of Revenue.

(2) If a person or other entity receives an adverse agency decision in a tax dispute, they shall have 30 days to submit an appeal from such decision to the State Tax Appeal Board.

(3) If no decision is rendered by the end of the 180-day period specified in 15-1-211, MCA, and ARM 42.2.616, the department shall issue a determination to the taxpayer. The determination shall inform them that the 180-day term has run without a decision and that they are therefore entitled to carry their appeal forward. The person or other entity shall then have 30 days to file a complaint with the appropriate reviewing authority.

 

History: 15-1-201, 15-1-211, MCA; IMP, 15-1-211, MCA; NEW, 1999 MAR p. 2900, Eff. 12/17/99; AMD, 2006 MAR p. 85, Eff. 1/13/06.

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