LD 1470
pg. 1
LD 1470 Title Page An Act To Make Minor Substantive Changes to the Tax Laws Page 2 of 8
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LR 1978
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 36 MRSA §151, 2nd ¶, as amended by PL 2001, c. 583, §1, is
further amended to read:

 
If a request for reconsideration is filed within the
specified time period, the assessor shall reconsider the
assessment or the determination. If the petitioner has so
requested in the petition, the assessor shall hold an informal
conference with the petitioner to receive additional
information and to hear arguments regarding the protested
assessment or determination. The assessor shall give the
petitioner 10 working days' notice of the time and place of
the conference. The conference may be held with less than 10
working days' notice if a mutually convenient time and place
can be arranged. The reconsideration, with or without an
informal conference, is not an "adjudicatory proceeding"
within the meaning of that term in the Maine Administrative
Procedure Act. If the requested reconsideration involves a
denial or deemed denial of a refund claim, a refund claim with
respect to which a conference has been requested under section
5280 or an assessment that is paid in full or part and the
assessor fails to mail to the taxpayer a decision on the
reconsideration within 9 months after the reconsideration
request was filed, the taxpayer may elect but is not obligated
to deem the request for reconsideration denied. The taxpayer
elects to deem the reconsideration denied by filing in
Superior Court a petition for review of the deemed denial.
The deemed denial constitutes final agency action and is
subject to court review as otherwise provided in this section.
The taxpayer may not make the deemed denial election after
either the assessor's reconsideration decision has been
received by the taxpayer or the expiration of 9 4 years
following the filing of the reconsideration request, whichever
occurs first. Notwithstanding any other provision of law, any
claim for credit or refund of any tax imposed under this Title
is deemed denied 10 4 years after it was filed if the claim
has not previously been allowed or denied as final agency
action. A deemed denial constitutes final agency action.

 
Sec. 2. 36 MRSA §191, sub-§3-A is enacted to read:

 
3-A.__Additional restrictions for proprietary information
provided to the assessor.__Information and materials provided
in confidence to the assessor and used by the bureau for the
purpose of preparing legislation or legislative analysis,
including the preparation of fiscal notes on behalf of the
Office of Fiscal and Program Review, are to be accorded the
same confidentiality as established by this section for tax
information.


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