Or. Admin. R. 410-141-3640 - MCE Assessment: Notice of Proposed Action

Current through Register Vol. 60, No. 12, December 1, 2021

(1) Prior to issuing a notice of proposed action, the Authority shall notify the MCE of a potential deficiency or failure to report that could give rise to the imposition of a penalty. The Authority shall issue a 30-day notification letter within 30 calendar days of the report or payment due date. The MCE shall have 30 calendar days from the date of the notice to respond. The Authority may consider the response, if any, and any amended report under OAR 410-141-3615 in its notice of proposed action. In all cases that the Authority has determined that an MCE has an MCE assessment deficiency or failure to report, the Authority shall issue a notice of proposed action. The Authority may not issue a notice of proposed action if the issue is resolved satisfactorily within 59 days from the date of mailing the 30-day notification letter.
(2) The Authority shall issue a notice of proposed action within 60 calendar days from the date of mailing the 30-day notification letter.
(3) Contents of the notice of proposed action must include:
(a) The applicable calendar quarter;
(b) The basis for determining the corrected amount of assessment for the quarter;
(c) The corrected assessment due for the quarter as determined by the Authority;
(d) The amount of assessment paid for the quarter by the MCE;
(e) The resulting deficiency, which is the difference between the amount received by the Authority for the calendar quarter and the corrected amount due as determined by the Authority;
(f) Statutory basis for the penalty;
(g) Amount of penalty per day of delinquency;
(h) Date upon which the penalty began to accrue;
(i) Date the penalty stopped accruing or circumstances under which the penalty will stop accruing;
(j) The total penalty accrued up to the date of the notice;
(k) Instructions for responding to the notice; and
(l) A statement of the MCE's right to a hearing.

Notes

Or. Admin. R. 410-141-3640
DMAP 56-2019, adopt filed 12/17/2019, effective 1/1/2020

Statutory/Other Authority: ORS 413.042 & 414.025

Statutes/Other Implemented: ORS 414.065 & 2017 HB 2391

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