Section § 15670

Explanation

This law establishes the Office of Tax Appeals in California. A director, appointed by the Governor and confirmed by the Senate, oversees the office's daily functions but does not participate in the decision-making of tax appeals panels. These panels address tax appeals, are staffed by three members each, and must adhere to specific ethics standards related to conflicts of interest. Members must have tax law expertise and meet professional criteria such as being an attorney or a tax specialist. The office is responsible for adopting ethics rules similar to the Code of Judicial Ethics and conducting hiring according to state civil service rules. An emphasis is placed on not reducing the current number of administrative law judges.

(a)CA Government Code § 15670(a) There shall be established in state government the Office of Tax Appeals.
(b)Copy CA Government Code § 15670(b)
(1)Copy CA Government Code § 15670(b)(1) The office is under the control of a director. The Governor shall appoint the director, chief deputy director, and chief counsel of the office. The appointment of the director is subject to confirmation by the Senate.
(2)CA Government Code § 15670(b)(2) The director shall administer and direct the day-to-day operations of the office, including, but not limited to, ensuring that each hearing office is sufficiently staffed and that appeals hearings are heard and resolved in a timely and efficient manner. The director shall not direct, oversee, supervise, or be otherwise involved in the decisionmaking process of the tax appeals panels.
(c)CA Government Code § 15670(c) Within the office, there shall be tax appeals panels. Each tax appeals panel shall consist of three members designated by the director of the office. Each member shall be a person who satisfies all of the following criteria:
(1)CA Government Code § 15670(c)(1) The person agrees to adhere to the ethics standards adopted by the office pursuant to subdivision (d).
(2)CA Government Code § 15670(c)(2) The person has knowledge and experience with regard to the administration and operation of the tax and fee laws of the United States and California.
(3)CA Government Code § 15670(c)(3) Either of the following is true:
(A)CA Government Code § 15670(c)(3)(A) The person maintained an active membership in the State Bar of California for at least five years immediately preceding designation to a tax appeals panel and meets the qualifications for a state employee classification as an administrative law judge.
(B)CA Government Code § 15670(c)(3)(B) The person is employed under either of the following state employee classifications:
(i)CA Government Code § 15670(c)(3)(B)(i) The Business Taxes Specialist, California Department of Tax and Fee Administration series.
(ii)CA Government Code § 15670(c)(3)(B)(ii) The Program Specialist, Franchise Tax Board series.
(d)CA Government Code § 15670(d) The office shall adopt by rule, pursuant to Section 15679, ethics standards, including rules governing conflicts of interest and ex parte communication. The office shall, to the extent applicable, model the rules upon the Code of Judicial Ethics adopted by the Supreme Court pursuant to subdivision (m) of Section 18 of Article VI of the California Constitution.
(e)CA Government Code § 15670(e) The hiring of members for tax appeals panels shall be conducted by the office in compliance with state civil service requirements.
(f)CA Government Code § 15670(f) It is the intent of the Legislature that the changes made to this section by the act adding this subdivision authorizing the office to hire specified tax specialists to serve as members of tax appeals panels shall be implemented by the office in a manner that will not directly cause a reduction in the number of administrative law judges currently employed by the office.

Section § 15671

Explanation

This law defines specific terms related to tax and fee appeals in California. An "appeal" includes various petitions and claims such as those for reassessment or refund of taxes managed by the California Department of Tax and Fee Administration or appeals from actions of the Franchise Tax Board. It also covers applications for administrative hearings or any item that might be scheduled for a hearing, like requests for relief from taxes or penalties. Additionally, the term "Office" refers to the Office of Tax Appeals.

For purposes of this part, the following terms shall have the following meanings:
(a)CA Government Code § 15671(a) “Appeal” means any of the following:
(1)CA Government Code § 15671(a)(1) A petition, including, but not limited to, a petition for redetermination, petition for reassessment, petition for reconsideration of successor liability, or petition for rehearing.
(2)CA Government Code § 15671(a)(2) Administrative protest with respect to a tax or fee administered by the California Department of Tax and Fee Administration.
(3)CA Government Code § 15671(a)(3) Claim, including a claim for refund with respect to a tax or fee administered by the California Department of Tax and Fee Administration.
(4)CA Government Code § 15671(a)(4) Appeal from an action of the Franchise Tax Board filed under Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code or Chapter 1 (commencing with Section 20501) and Chapter 4 (commencing with Section 20641) of Part 10.5 of Division 2 of the Revenue and Taxation Code.
(5)CA Government Code § 15671(a)(5) Application, including, but not limited to, an application for administrative hearing.
(6)CA Government Code § 15671(a)(6) Any other item that may be scheduled for a hearing, including, but not limited to, requests for relief of taxes, fees, interest, or penalties.
(b)CA Government Code § 15671(b) “Office” means the Office of Tax Appeals.

Section § 15672

Explanation

This section explains that the office takes over all duties and powers from the State Board of Equalization related to appeals hearings, except as noted in another section. It also clarifies that these tax appeal panels and the hearings they conduct are not considered to be a tax court.

(a)CA Government Code § 15672(a) Except as provided in subdivision (b) of Section 15600, the office is the successor to, and is vested with, all of the duties, powers, and responsibilities of the State Board of Equalization necessary or appropriate to conduct appeals hearings.
(b)CA Government Code § 15672(b) The tax appeals panels and the appeals hearings conducted by the tax appeals panels under this part shall not be construed to be, or to be conducted by, a tax court.

Section § 15673

Explanation

This law section establishes that the main office is based in Sacramento, and there are also hearing offices in Sacramento, Fresno, and Los Angeles.

The office’s headquarters shall be in Sacramento. A hearing office shall be located in Sacramento, Fresno, and Los Angeles.

Section § 15674

Explanation

This section lays out that starting January 1, 2018, tax appeals panels are responsible for handling all appeal hearings related to certain duties and powers that have been transferred to them. They are also required to issue a written opinion for every appeal they decide and conduct hearings according to the Administrative Procedure Act. Meanwhile, the State Board of Equalization is restricted from handling appeals unless allowed by specific parts of Section 15600.

(a)CA Government Code § 15674(a) The tax appeals panels shall do all of the following:
(1)CA Government Code § 15674(a)(1) On or after January 1, 2018, conduct all appeals hearings for those duties, powers, and responsibilities transferred to the office pursuant to Section 15672.
(2)CA Government Code § 15674(a)(2) Issue a written opinion for each appeal decided.
(3)CA Government Code § 15674(a)(3) Except as otherwise provided in this part, conduct all appeals hearings and proceedings under the Administrative Procedure Act.
(b)CA Government Code § 15674(b) On or after January 1, 2018, the State Board of Equalization shall not conduct appeals or take any other action with respect to an appeal, except as provided in subdivision (b) of Section 15600 and consistent with subdivision (d) of Section 15600.

Section § 15675

Explanation

In California, any decision made by a tax appeals panel must be documented in a written opinion. This written opinion has to be made available to the public within 100 days after the decision is finalized.

The office shall publish a written opinion for each appeal decided by each tax appeals panel. The written opinion shall be published within 100 days after the date upon which a tax appeals panel’s decision becomes final.

Section § 15676

Explanation

This law section allows a person to be represented by anyone they choose on an appeal, as long as that person is at least 18 years old. This includes options like attorneys, appraisers, accountants, bookkeepers, employees, business associates, or any other individuals.

A person may be represented on an appeal by any authorized person or persons, at least 18 years of age, of the person’s choosing, including, but not limited to, an attorney, appraiser, certified public accountant, public accountant, bookkeeper, employee, business associate, or any other person.

Section § 15676.2

Explanation

This California law section provides an option for people or entities disputing certain tax-related issues to have their appeals heard by just one qualified panel member instead of multiple members, which can simplify and speed up the process. This is allowed if the case involves a personal income tax dispute under $5,000, or a dispute involving certain taxes administered by the California Department of Tax and Fee Administration if the entity has gross receipts under $20 million and the dispute is under $50,000. However, any decision made in this manner does not set a legal precedent for future cases. This law is effective until January 1, 2030, after which it is repealed.

(a)CA Government Code § 15676.2(a) Notwithstanding subdivision (c) of Section 15670, the office shall establish a process under which a person filing an appeal may opt to appear before one member if either of the following is true:
(1)CA Government Code § 15676.2(a)(1) If the appeal arises from a tax, fee, or penalty imposed pursuant to the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code), and the total amount in dispute, including penalties and fees, is less than five thousand dollars ($5,000).
(2)CA Government Code § 15676.2(a)(2) If the appeal arises from a tax, fee, or penalty administered by the California Department of Tax and Fee Administration, and both of the following are satisfied:
(A)CA Government Code § 15676.2(a)(2)(A) The entity filing the appeal has gross receipts of less than twenty million dollars ($20,000,000).
(B)CA Government Code § 15676.2(a)(2)(B) The total amount in dispute, including penalties and fees, is less than fifty thousand dollars ($50,000).
(b)CA Government Code § 15676.2(b) The decision of one member made pursuant to the process established by this section shall not have precedential effect.
(c)CA Government Code § 15676.2(c) As used in this section, “member” means a person qualified to serve on a tax appeals panel pursuant to Section 15670.
(d)CA Government Code § 15676.2(d) This section shall remain in effect only until January 1, 2030, and as of that date is repealed.

Section § 15677

Explanation

If you disagree with a decision made by a tax appeals panel, you can take your case to a superior court. This means you will have a new trial, where the court looks at your case as if it is the first time it's being heard, according to the rules for the specific tax or fee involved.

If a person that sought relief from a tax appeals panel disagrees with its decision, the person may bring an action in superior court in accordance with the law imposing the tax or fee for a trial de novo.

Section § 15678

Explanation

This California law says that after a member of the State Board of Equalization leaves their position, they must wait at least one year before they can represent someone in front of a tax appeals panel. The same rule applies to the staff of a board member; they also need to wait one year after leaving their job before representing someone in tax appeals.

(a)CA Government Code § 15678(a) A member of the State Board of Equalization shall not represent a person before a tax appeals panel before one year after the expiration of the member’s term on the board or one year after separation from the board.
(b)CA Government Code § 15678(b) The staff of a member of the State Board of Equalization shall not represent a person before a tax appeals panel before one year after separation from employment with that member.

Section § 15679

Explanation

This law requires that by January 1, 2018, an office must create regulations as needed. They can use emergency rules until January 1, 2019, without proving the need for immediate action. This is to protect public peace, health, and welfare.

The regulations should align with how the Commission on Judicial Performance manages judges, as well as the gift and travel restrictions of the Political Reform Act and the ABA's Model State Administrative Tax Tribunal Act.

Also, policies and written opinions by the office don't need to follow certain rulemaking procedures, and certain opinions can be treated as precedents in future cases.

(a)Copy CA Government Code § 15679(a)
(1)Copy CA Government Code § 15679(a)(1) By January 1, 2018, the office shall adopt regulations as necessary or appropriate to carry out the purposes of this part. Any rule or regulation adopted pursuant to this section may be by adoption of an emergency regulation in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1.
(2)CA Government Code § 15679(a)(2) Until January 1, 2019, the adoption and readoption of emergency regulations by the office to carry out the office’s duties, powers, and responsibilities pursuant to this part shall be deemed to be an emergency and necessary for the immediate preservation of public peace, health and safety, or general welfare for purposes of Sections 11346.1 and 11349.6 and the office is hereby exempted from the requirement that it describe facts showing the need for immediate action and from review of the emergency regulations by the Office of Administrative Law.
(3)CA Government Code § 15679(a)(3) To the extent possible, regulations adopted to carry out the purposes of paragraph (2) of subdivision (c) of Section 15670 shall be consistent with all of the following:
(A)CA Government Code § 15679(a)(3)(A) The procedures established by the Commission on Judicial Performance for regulating activities of state judges.
(B)CA Government Code § 15679(a)(3)(B) The gift, honoraria, and travel restrictions on legislators contained in the Political Reform Act of 1974 (Title 9 (commencing with Section 81000)).
(C)CA Government Code § 15679(a)(3)(C) The Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.
(b)CA Government Code § 15679(b) Chapter 3.5 (commencing with Section 11340) of Part 1 shall not apply to any policy, procedure, notice, or guideline issued by the office, or to any final written opinion published by the office within the meaning of Section 15675. The office may designate any published written opinion as precedential and, if so designated, it may be cited as precedent in any matter or proceeding before the office, unless the written opinion has been overruled, superseded, or otherwise designated nonprecedential by the office. Designation of a written opinion as precedential, or publication of a policy, procedure, notice, or guideline by the office, is not a rulemaking and need not be done under Chapter 3.5 (commencing with Section 11340) of Part 1.

Section § 15679.5

Explanation

This law section outlines how tax appeals hearings in California should be conducted. It mandates that these hearings follow the Administrative Procedure Act, while incorporating certain existing regulations unless they conflict with the statute. Additionally, it specifies that the rules governing these hearings can be updated as needed, specifically concerning evidence and hearing preparation, without requiring specialized knowledge. Finally, it emphasizes that any new regulations should align with a model act by the American Bar Association, as long as they're consistent with California's laws.

(a)CA Government Code § 15679.5(a) Consistent with Section 15674, all appeals hearings and proceedings shall be conducted pursuant to the Administrative Procedure Act. To the extent applicable and not in conflict with this part, the regulations contained in Division 2.1 of Title 18 of the California Code of Regulations shall continue in force and apply to all appeals hearings and proceedings.
(b)Copy CA Government Code § 15679.5(b)
(1)Copy CA Government Code § 15679.5(b)(1) Pursuant to Section 15679, the office shall amend, repeal, or add to the regulations described in subdivision (a) as necessary or appropriate to govern hearings and proceedings conducted by tax appeals panels pursuant to this part.
(2)CA Government Code § 15679.5(b)(2) Notwithstanding any other law and consistent with Section 15676 and Division 2.1 of Title 18 of the California Code of Regulations, the office shall adopt regulations regarding the presentation of evidence and preparation for hearings and proceedings before a tax appeals panel that do not require application of specialized knowledge.
(3)CA Government Code § 15679.5(b)(3) To the extent applicable and not in conflict with this part, regulatory actions adopted to carry out this subdivision shall be consistent with the Model State Administrative Tax Tribunal Act dated August 2006 adopted by the American Bar Association.

Section § 15680

Explanation

This section of the law officially started being in effect on July 1, 2017.

This part shall become operative on July 1, 2017.