ROBERT L. EHRLICH, JR., Governor H.B. 753
COMPTROLLER SHALL SEND A NOTICE TO THE FINANCIAL INSTITUTION, IN THE
MANNER SPECIFIED IN SUBSECTION (B) OF THIS SECTION. DIRECTING THE
INSTITUTION TO:
(I) FORWARD THE AMOUNT SEIZED AND ATTACHED BY THE
FINANCIAL INSTITUTION TO THE COMPTROLLER;
(II) REDUCE THE AMOUNT SEIZED AND ATTACHED BY THE
FINANCIAL INSTITUTION TO A REVISED AMOUNT AS STATED, FORWARD THE
REVISED AMOUNT TO THE COMPTROLLER, AND RELEASE THE EXCESS AMOUNT; OR
(III) RELEASE THE AMOUNT SEIZED AND ATTACHED BY THE
FINANCIAL INSTITUTION.
(2) THE COMPTROLLER MAY SEND THE NOTICE DESCRIBED IN
PARAGRAPH (1) OF THIS SUBSECTION BEFORE THE TIME FOR FILING A TIMELY
CHALLENGE UNDER SUBSECTION (G) OF THIS SECTION UPON AGREEMENT AMONG
THE COMPTROLLER, THE OBLIGOR. AND, IF THE COMPTROLLER IS AWARE OF AN
ACCOUNT HOLDER OF INTEREST, THE ACCOUNT HOLDER OF INTEREST.
(F) THE COMPTROLLER SHALL APPLY THE AMOUNT SEIZED AND FORWARDED
BY THE FINANCIAL INSTITUTION TO THE OBLIGOR'S TAX LIEN OBLIGATION.
(G) (1) AN OBLIGOR OR AN ACCOUNT HOLDER OF INTEREST MAY
CHALLENGE THE ACTIONS OF THE COMPTROLLER UNDER THIS SECTION BY FILING
A MOTION WITH THE CIRCUIT COURT WITHIN 10 DAYS OF THE DATE OF THE NOTICE
SENT UNDER PARAGRAPH (D)(1) OF THIS SECTION.
(2) AN OBLIGOR OR AN ACCOUNT HOLDER OF INTEREST MAY
CHALLENGE THE ACTIONS OF THE COMPTROLLER BASED ON:
(I) A MISTAKE IN THE IDENTITY OF THE OBLIGOR;
(II) A MISTAKE IN THE OWNERSHIP OF THE ACCOUNT;
(III) A MISTAKE IN THE CONTENTS OF THE ACCOUNT;
(IV) INVALIDITY OF THE COMPTROLLER'S ACTIONS UNDER § 11-603
OF THE COURTS AND JUDICIAL PROCEEDINGS ARTICLE;
(V) A MISTAKE IN THE AMOUNT OF THE LIEN OBLIGATION DUE; OR
(VI) ANY OTHER GOOD CAUSE;
(3) AN OBLIGOR OR AN ACCOUNT HOLDER OF INTEREST MAY NOT
CHALLENGE THE ACTIONS OF THE COMPTROLLER BASED ON A MISTAKE OR ERROR
IN THE ORIGINAL TAX ASSESSMENT UNDERLYING THE TAX LIEN AGAINST THE
OBLIGOR.
(H) (1) THE COMPTROLLER MAY WITHDRAW THE NOTICE TO SEIZE AND
ATTACH ACCOUNTS BY SENDING NOTICE TO THE FINANCIAL INSTITUTION, IN THE
MANNER SPECIFIED IN SUBSECTION (B) OF THIS SECTION, DIRECTING THE
FINANCIAL INSTITUTION TO RELEASE THE ATTACHMENT ON THE ACCOUNTS.
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