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(3) Third, payment of all debts, claims and obligations | | owed by the payroll processor; |
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| | | (4) Fourth, the payment of claims otherwise proper that | | were not filed within the prescribed time; and |
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| | | (5) Fifth, the payment of any obligation expressly | | subordinated to claims entitled to the priority | | established by subparagraphs (1) to (3). |
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| | | 3.__Judicial review.__A payroll processor closed by action of | | the administrator pursuant to this chapter may bring an action | | challenging the administrator's appointment of receiver in | | Superior Court of Kennebec County or of the county in which the | | processor transacts business within 10 days after the | | administrator appoints a receiver.__The court shall uphold the | | administrator's finding that a payroll processor is insolvent or | | that its condition is such as to render its further proceedings | | hazardous to the public or to those having funds in its custody | | and shall uphold the appointment of a receiver unless the court | | finds that the administrator's action was arbitrary and | | capricious. |
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| | | Sec. 7. 36 MRSA §112, sub-§4, as repealed and replaced by PL 1999, c. | | 127, Pt. A, §49, is amended to read: |
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| | | 4. Examination of records and premises. Whenever necessary to | | the administration of this Title, the assessor may make, or cause | | to be made by an employee, an examination or investigation of the | | place of business, books and other documents and any other | | relevant personal property of any person who the assessor has | | reason to believe is liable for any tax imposed by this Title. | The assessor may also examine the books and records of a payroll | processor, as defined in Title 10, section 1495, and client books | and records in the possession of a payroll processor. |
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| | | At the conclusion of an audit, the assessor or an agent shall | | conduct an audit conference with the taxpayer and shall give the | | taxpayer a written summary of the audit findings, including the | | legal basis for the audit findings and adjustments, along with | | copies of relevant bureau audit workpapers. |
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| | | Sec. 8. 36 MRSA §182, sub-§2, as enacted by PL 2001, c. 583, §8, is | | repealed. |
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| | | Sec. 9. 36 MRSA §191, sub-§2, ¶¶AA and BB, as enacted by PL 2003, c. | | 390, §4, are amended to read: |
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