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ATTORNEY GENERAL 'S OFF TEL : 1-916-324-2960 Sep 17 93 14 :49 No .015 P .03 <br /> 1 have the authority to determine if sumiden wire Products <br /> 2 Corporation has paid the proper amount of fees under the <br /> 3 Hazardous Waste Control Act (hereinafter referred to as "Act" ) . <br /> 4 This assumption is incorrect; the Revenue and Taxation Code <br /> 5 grants to the Board the exclusive authority to determine if the <br /> 6 amount of fees has been properly paid and provides for an <br /> 7 administrative process to review that determination. Nothing in <br /> S Chapter 6.5 of Division 20 of the Health and Safety Code provides <br /> 9 that the Department of Toxic Substances Control (hereinafter <br /> 10 referred to as "DTSC" ) may waive any of the fees required to be <br /> 11 paid under the Act. <br /> 12 Revenue and Taxation Code section 43051, et seq. , <br /> 13 provides that the fees imposed by various provisions of the <br /> 14 Health and Safety Code shall be administered and collected by the <br /> 15 Board. Revenue and Taxation Code section 43201, subdivision (a) , <br /> 16 provides that if °the Board is dissatisfied with the return or <br /> 17 report filed or the amount of tax paid the Board may compute <br /> 18 and determine the amount to be paid . . . . " Revenue and Taxation <br /> 19 Code section 43501 grants to the Board the exclusive power to <br /> 20 carry out the Hazardoda Substances Tax Law (Revenue and Taxation <br /> 21 Code section 43001, et seg. ) , including examining books and <br /> 22 records (Rev. & Tax. Code, S 43551) and imposing penalties for <br /> 23 failure to file returns (Rev. & Tax. Code, 5 43155) . <br /> 24 Thus, contrary- to the assertion of Sumiden Wire - <br /> 25 products Corporation (hereinafter referred to as "Sumiden" ) that <br /> 26 the Board is limited to collection and administration of fees and <br /> 27 taxes (Opposition, page 6, lines 1-5) , it also has the authority <br /> 2. <br />