ARTICLE 2. Recovery of Erroneous Refunds
(Article 2 added by Stats. 1959, Ch. 1040.)
30381. (a) The board may recover any refund or part thereof that is erroneously
made, and any credit or part thereof that is erroneously allowed, in an
action brought in a court of competent jurisdiction in the county of Sacramento
in the name of the people of the State of California.
(b) As an alternative to subdivision (a), the board may recover any refund
or part thereof that is erroneously made, and any credit or part thereof
that is erroneously allowed. In recovering any erroneous refund or credit,
the board may, in its discretion, issue a deficiency determination in
accordance with Article 3 (commencing with Section 30173) of Chapter 3.5,
or Article 2 (commencing with Section 30201) or Article 4 (commencing
with Section 30241) of Chapter 4. Except in the case of fraud, the deficiency
determination shall be made by the board within three years from the date
of the Controller’s warrant or date of credit.
(Amended by Stats. 1998, Ch. 609, Sec. 24. Effective January 1, 1999.)
30382. In any action brought pursuant to subdivision (a) of Section 30381, the
court may, with the consent of the Attorney General, order a change in
the place of trial.
(Added by Stats. 1998, Ch. 609, Sec. 25. Effective January 1, 1999.)
30383. The Attorney General shall prosecute any action brought pursuant to subdivision
(a) of Section 30381, and the provisions of the Code of Civil Procedure
relating to service of summons, pleadings, proofs, trials, and appeals
shall apply to the proceedings.
(Amended by Stats. 1998, Ch. 609, Sec. 26. Effective January 1, 1999.)
30384. (a) Notwithstanding any other provision of this part, if the board finds
that neither the person liable for payment of tax nor any party related
to that person has in any way caused an erroneous refund for which an
action for recovery is provided under Section 30381, no interest shall
be imposed on the amount of that erroneous refund until 30 days after
the date on which the board mails a notice of determination for repayment
of the erroneous refund to the person. The act of filing a claim for refund
shall not be considered as causing the erroneous refund.
(b) This section shall be operative for any action for recovery under
Section 30381 on or after January 1, 2000.
(Added by Stats. 1999, Ch. 929, Sec. 17. Effective January 1, 2000.)