§ 1-6-5. Payment of surcharges — Enforcement.
(a) If the tax administrator is not satisfied with the return or returns or the amount
of surcharges paid to the tax administrator by any person, the tax administrator may
compute and determine the amount required to be paid upon the basis of the facts contained
in the return or returns or upon the basis of any information in his or her possession
or that may come into his or her possession. The amount of the determination, exclusive
of penalties, bears interest at the annual rate provided by § 44-5-9 from the fifteenth (15th) day after the close of the month for which the amount,
or any portion of it, should have been paid until the date of payment.
(b) If any part of the deficiency for which a deficiency determination is made is due
to negligence or intentional disregard of the provisions of the ordinance, the ordinance
may provide that a penalty of not more than ten percent (10%) of the amount of the
determination is added to it. If any part of the deficiency for which a deficiency
determination is made is due to fraud or an intent to evade the provisions of the
ordinance, the ordinance may provide that a penalty of not more than fifty percent
(50%) of the amount of the determination is added to it.
(c) The tax administrator shall give to the parking operator a written notice of his or
her determination. Every notice of a deficiency determination shall be mailed within
two (2) years after the fifteenth (15th) day of the calendar month following the month
for which the amount is proposed to be determined or within two (2) years after the
return is filed, whichever period expires the later, unless a longer period is agreed
upon by the tax administrator and the parking operator.
(d) Unless a hearing has been requested as provided in subsection (e) of this section,
any determination made by the tax administrator becomes final and shall be paid within
forty (40) days after mailing by the tax administrator of the notice of that determination.
If that determination is not paid, the ordinance may provide a further penalty of
not more than ten percent (10%) of the amount of the determination, exclusive of interest
and other penalties, is added to it.
(e) Any person aggrieved by any assessment, deficiency, or otherwise shall notify the
tax administrator, in writing, within thirty (30) days from the date of mailing by
the tax administrator of the notice of the assessment and request a hearing relative
to the assessment; and the tax administrator shall, as soon as practicable, fix a
time and place for a hearing and shall, after the hearing, determine the correct amount
of the fee, surcharges, interest, and penalties.
(f) Appeals from administrative orders or decisions made pursuant to any provisions of
this chapter are to the third division district court pursuant to chapter 8 of title 8. The operator's right to appeal under this chapter is expressly made conditional
upon prepayment of all fees, surcharges, interest, and penalties, unless the operator
moves for and is granted an exemption from the prepayment requirement pursuant to
§ 8-8-26.
(g) If, upon final determination of the petition, it appears that the tax administrator's
assessment was correct, the court shall confirm the assessment; or, if incorrect,
the court shall determine the proper amount of the fees, surcharges, interest, and
penalties, and if it appears that the petitioner, by reason of the payment of the
fees, surcharges, interest, and penalties, is entitled to recover them or any part
of them, the court may order a refund with interest at the annual rate provided by
§ 6-26-1 or order a credit, as the circumstances may warrant. If it appears that the administrator
is entitled to a greater amount of fees, surcharges, interest, and penalties than
assessed or determined by the tax administrator and paid by the petitioner, the court
shall order the payment by the petitioner of an additional amount as the court determines,
and the petitioner shall immediately pay that amount to the tax administrator.
(h) The amount of any fees, surcharges, interest, and penalties imposed upon any operator
under this chapter is a debt due from the operator to the administrator, is recoverable
at law in the same manner as other debts.