CHAPTER 5. Overpayments and Refunds [50139. - 50151.]
Chapter 5 added by Stats. 1989, Ch. 1442, Sec. 6.
§§ 50139–50151 · 23 sections
ARTICLE 1. Claim for Refund §§ 50139–50142.2 · 10 sections
- § 50139 (a) If the department determines that any amount of fee, interest, or penalty has been paid more than once or has been erroneously or illegally collected or…
- § 50139.5 When an amount represented by a person who is a feepayer under this part to a customer as constituting reimbursement for fees due under this part is computed…
- § 50140 (a) Except as provided in subdivision (b), the board shall not approve a refund three years after the due date of the payment for the period for which the…
- § 50140.1 (a) The limitation period specified in Section 50140 shall be suspended during any period of a person’s life that the person is financially disabled. (b) (1)…
- § 50140.2 Notwithstanding Section 50140, a refund of an overpayment of any fee, penalty, or interest collected by the board by means of levy, through the use of liens,…
- § 50140.3 (a) A claim for refund that is otherwise valid under Section 50140 that is made in the case in which the amount of fee determined has not been paid in full…
- § 50141 The failure of a person to file a claim within the time prescribed in this article constitutes a waiver of all demands against the state on account of the…
- § 50142 Within 30 days after disallowing any claim, in whole or in part, the board shall serve written notice of its action on the claimant pursuant to Section 50113.
- § 50142.1 Interest shall be computed, allowed, and paid upon any overpayment of any amount of fee at the modified adjusted rate per month established pursuant to Section…
- § 50142.2 (a) If the board determines that any overpayment has been made intentionally or by reason of carelessness, it shall not allow any interest thereon. (b) If any…
ARTICLE 2. Suit for Refund §§ 50143–50149 · 8 sections
- § 50143 No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action, or proceeding in any court against this state or against…
- § 50144 No suit or proceeding shall be maintained in any court for the recovery of any amount alleged to have been erroneously or illegally assessed or collected…
- § 50145 Within 90 days after the mailing of the notice of the board’s action upon a claim for refund or credit, the claimant may bring an action against the board, on…
- § 50146 If the board fails to mail a notice of action on a claim within six months after the claim is filed, the claimant may, prior to the mailing of notice by the…
- § 50147 A person’s failure to bring suit or action within the time specified in this article constitutes a waiver of all demands against the state on account of any…
- § 50148 If a judgment made pursuant to Section 50145 is rendered for the plaintiff, the amount of the judgment shall first be credited on any fees due from the…
- § 50148.1 In any judgment, interest shall be allowed at the modified adjusted rate per annum established pursuant to Section 6591.5, upon the amount found to have been…
- § 50149 (a) A judgment made pursuant to Section 50145 shall not be rendered in favor of the plaintiff in any action brought against the board to recover any fee paid…
ARTICLE 3. Recovery of Erroneous Refunds §§ 50150–50150.5 · 4 sections
- § 50150 (a) The Controller may recover any refund or part thereof that is erroneously made, and any credit or part thereof that is erroneously allowed, in an action…
- § 50150.1 In any action brought pursuant to subdivision (a) of Section 50150, the court may, with the consent of the Attorney General, order a change in the place of…
- § 50150.2 The Attorney General shall prosecute any action brought pursuant to subdivision (a) of Section 50150, and the provisions of the Code of Civil Procedure…
- § 50150.5 (a) Notwithstanding any other provision of this part, if the department finds that neither the person liable for payment of fees nor any party related to that…
ARTICLE 4. Cancellations § 50151 · 1 section
- § 50151 (a) If any amount has been illegally determined, the department shall certify the amount determined to be in excess of the amount legally due and the person…