Md. Code Regs. 24.05.03.10

Current through Register Vol. 51, No. 24, December 2, 2024

Section 24.05.03.10 - Revocation of Tax Credit Certificate

A. The Department may revoke an initial or final certificate if the Department determines that any representation in connection with the application for the certificate was false when made. The revocation may be in full or in part as the Department may determine.

B. The Department shall notify the applicant of the revocation. The revocation notice shall:

(1) Identify the applicant;

(2) State the applicant's federal taxpayer identification number;

(3) Identify the certificate that is revoked;

(4) State the reason for the revocation;

(5) State that the certificate is revoked;

(6) State whether the revocation is in whole or in part;

(7) If the revocation is in part, state what part of the credit amount has been revoked; and

(8) State the date on which the revocation is effective.

C. The Department shall send:

(1) By regular mail, the revocation notice to the applicant at the address stated in the application;

(2) By regular mail, a copy of the revocation notice to the QMBC at the address stated in the application; and

(3) A copy of the revocation notice to the Comptroller, after the expiration of any applicable period to file an appeal or for the resolution of any appeal under §E of this regulation.

D. After receiving a copy of the revocation notice under §C(2) of this regulation, the Comptroller shall make an assessment against the applicant to recapture.

E. Appeal.

(1) The applicant may appeal a revocation to the Department under COMAR 24.01.04.

(2) The applicant shall initiate a contested case by filing a notice of appeal with the Secretary within 30 days of the date of the revocation notice.

(3) The applicant's notice of appeal shall state the facts on which its appeal is grounded and state the relief sought by the applicant.

(4) Within 10 days of the receipt of a timely notice of appeal, the Secretary shall issue a notice of hearing pursuant to COMAR 24.01.04.03.

Md. Code Regs. 24.05.03.10

Regulations .10 adopted effective September 17, 2012 (39:18 Md. R. 1197)