10-59-9. Hearing--Request in writing--Court jurisdiction--Amended or additional statements of fact--Payment and appeal.
Any taxpayer against whom a certificate of assessment is issued may in writing request a hearing before the secretary if the taxpayer believes that the assessment is based upon a mistake of fact or an error of law. The written request for hearing must be received by the secretary within sixty days from the date the certificate of assessment was mailed to the taxpayer by certified mail, and must contain a statement indicating the portion of the assessment being contested and the mistake of fact or error of law the taxpayer believes resulted in an invalid assessment. If the written request for hearing is not received by the secretary within sixty days from the date the certificate of assessment was mailed to the taxpayer by certified mail, no court has jurisdiction over a suit to contest the certificate of assessment. For purposes of this section, if a written request for hearing is sent by United States mail, the date of the postmark placed by the United States postal service shall be considered the date received by the secretary.
Amended or additional statements of facts or errors of law may be made not less than fourteen days prior to the hearing if the hearing examiner determines such additional or amended statements are in the interest of justice and do not prejudice either party. Hearings are conducted and appeals taken pursuant to the provisions of chapters 1-26 and 1-26D. A copy of the hearing examiner's proposed decision, and findings of fact and conclusions of law, shall be served on all parties when furnished to the secretary. If the secretary, pursuant to chapter 1-26D, accepts the proposed decision of the hearing examiner, no court has jurisdiction over an appeal from the final decision of the secretary unless any amount ordered paid by the secretary is paid or a bond is filed to insure payment of such amount. However, if the final decision of the secretary, pursuant to chapter 1-26D, rejects or modifies the decision of the hearing examiner regarding the amount due on the assessment, an appeal may be taken without payment of the amount ordered to be paid and without filing of a bond. If the secretary's decision is affirmed by the circuit court, no court has jurisdiction over an appeal from the circuit court's decision unless any amount ordered to be paid by the secretary is paid or a bond is filed to insure payment of such amount.
Source: SL 1986, ch 111, §9; SL 1992, ch 102, §13; SL 2001, ch 60, §1; SL 2008, ch 58, §1; SL 2021, ch 54, § 1.
Structure South Dakota Codified Laws
Chapter 59 - Uniform Administration Of Certain State Taxes
Section 10-59-1 - Application.
Section 10-59-2 - Definition of terms.
Section 10-59-3 - Notice of intent to audit defined.
Section 10-59-4 - Certificate of assessment defined.
Section 10-59-5 - Investigation and examination by secretary.
Section 10-59-6.1 - Interest assessed for failure to pay taxes when taxable transactions reported.
Section 10-59-15 - Recovery of tax, penalty, or interest by action of debt.
Section 10-59-16 - Time limitation for collection--Exceptions.
Section 10-59-17 - Compliance with procedures prerequisite to jurisdiction of courts.
Section 10-59-19 - Recovery of overpaid taxes--Time limitation.
Section 10-59-23 - Recovery refund paid to taxpayer.
Section 10-59-24 - Recovery refund--Interest included--Exception.
Section 10-59-25 - Application of subsequent sections.
Section 10-59-27 - Reliance on written advice--Inconsistent position by department.
Section 10-59-28 - Reduction or abatement of penalty or interest.
Section 10-59-29 - Evaluation of employees or imposition of quotas from revenue amount prohibited.
Section 10-59-30 - Release of tax lien--Erroneous liens--Costs.
Section 10-59-34 - Costs paid by losing party if position not justified.
Section 10-59-35 - Audit standards--List of proposed taxable items--Protest.
Section 10-59-36 - Authorizing to file returns or reports by electronic means.
Section 10-59-37 - Alternative methods for signing returns.
Section 10-59-38 - Promulgation of rules.
Section 10-59-40 - Filing of returns required whether or not gross receipts are subject to tax.
Section 10-59-41 - Prior compliance--Effect.
Section 10-59-44 - Revocation or cancellation of license for failure to file return or remit tax.
Section 10-59-45 - Contested case hearing--Time for request--Appeal.
Section 10-59-46 - Preparation of list of delinquent taxpayers.
Section 10-59-47 - Notice to delinquent taxpayer before publication.
Section 10-59-48 - Unpaid taxes not subject to disclosure.
Section 10-59-49 - Publication of list of delinquent taxpayers.
Section 10-59-50 - Removal of name from list.
Section 10-59-51 - Good faith disclosure not a violation of other statutes.
Section 10-59-52 - Fee for collecting tax on behalf of another entity.
Section 10-59-53 - Definitions relating to automated sales suppression devices and phantom-ware.
Section 10-59-54 - Automated sales suppression devices and phantom-ware prohibited--Felony.
Section 10-59-55 - Civil penalty for violation of §10-59-54.
Section 10-59-56 - Liability for taxes, penalties, and interest.
Section 10-59-57 - Seizure of automated sales suppression device or phantom-ware without warrant.