Wash. Admin. Code § 458-50-060 - Failure to make report-Default valuation-Penalty-Estoppel
(1) If any company fails to materially comply
with the provisions of
RCW
84.12.230 and WAC
458-50-020, the department will
add to the assessed value a penalty of five percent for every thirty days or
fraction thereof, not to exceed ten percent, that the company fails to
comply.
(2) If any company, or any
of its officers or agents refuses or neglects to make any report required by
law or by the department, or refuses to permit an inspection and examination of
its records, books, accounts, papers or property requested by the department,
or refuses or neglects to appear before the department in obedience to a
subpoena, the department will proceed, in such manner as it deems best, to
obtain facts and information upon which to base its valuation, assessment,
allocation, and apportionment of such company.
(3) Willful failure to file with the
department any report required by the department within the time fixed by law,
including any extension granted by the department, constitutes refusal or
neglect to make a report, and the department may proceed in accordance with
subsection (2) of this rule to value, assess, allocate, and apportion the
property of such company as if no report had been made.
(4) When the department has ascertained the
assessed value of the property of such company in accordance with subsection
(2) or (3) of this rule, it must add to the assessed value so ascertained
twenty-five percent as a penalty. Such penalty will be in lieu of the penalty
provided for in subsection (1) of this rule.
(5) Where the department has proceeded in
accordance with subsection (2) or (3) of this rule, such company is estopped to
question or impeach the valuation, assessment, allocation, or apportionment
made by the department in any administrative or judicial proceeding
thereafter.
(6) The department will
waive or cancel the penalty imposed under subsection (1) of this rule for good
cause shown.
(7) The department
will waive or cancel the penalty imposed under subsection (1) of this rule when
the circumstances under which the failure to materially comply with the
provisions of
RCW
84.12.230 do not qualify for waiver or
cancellation under subsection (5) of this rule if:
(a)The company fully complies with the
reporting provisions of
RCW
84.12.230 within thirty days of the due date
or any extension granted by the department; and
(b) The company has timely complied with the
provisions of
RCW
84.12.230 for the previous two calendar
years. The requirement that a company has timely complied with the provisions
of RCW
84.12.230 for the previous two calendar years
is waived for any calendar year in which the company was not required to comply
with the provisions of
RCW
84.12.230.
Notes
Order PT 75-2, § 458-50-060, filed 3/19/75.
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