Arkansas Code of 1987 (2023) › Title 26 - TAXATION (§§ 26-1-101 — 26-82-119) › Subtitle 2 - ADMINISTRATION OF STATE TAXES (§§ 26-17-201 — 26-21-115) › Chapter 18 - STATE TAX PROCEDURE GENERALLY (§§ 26-18-101 — 26-18-1120) › Subchapter 11 - INDEPENDENT TAX APPEALS COMMISSION ACT (§§ 26-18-1101 — 26-18-1120) › Section 26-18-1113 - Pleadings

(a)
(1)
A taxpayer may commence an action under this subchapter by filing a petition with the Tax Appeals Commission protesting an action or decision by the Secretary of the Department of Finance and Administration, including without limitation the issuance of a proposed assessment under §
26-18-403
or a refund claim denial under §§
26-18-507
and
26-36-315
.
(2)
The commission shall not impose a filing fee for petitions filed with the commission.
(b)
(1)
A petition under subsection (a) of this section shall:
(A)
Be filed with the commission no later than ninety (90) days from the date the Department of Finance and Administration issues a proposed assessment or refund claim denial or takes other action or proposed action that the taxpayer is protesting; and
(B)
Contain:
(i)
Facts sufficiently clear to identify the taxpayer and the taxpayer's reasons for opposing the proposed assessment, denial of a claim for refund, or other action of the secretary; and
(ii)
The specific items at issue.
(2)
The commission shall notify and serve a copy of the petition on the department within fifteen (15) days of receipt of the petition by the commission.
(c)
(1)
The department shall file an answer to a petition filed under this section within sixty (60) days of receipt of the notice from the commission under subdivision (b)(2) of this section.
(2)
(A)
The department shall serve a copy of the answer on the taxpayer's representative, or, if the taxpayer is not represented, on the taxpayer directly.
(B)
An attorney's certification that the attorney sent the pleading by a means of service authorized under §
26-18-1112
is sufficient proof of service under subdivision (c)(2)(A) of this section.
(d)
(1)
A taxpayer may:
(A)
File a reply to an answer filed under subsection (c) of this section within thirty (30) days of the date the answer was served on the taxpayer or the authorized representative of the taxpayer; or
(B)
Move for default judgment if no answer was filed.
(2)
The taxpayer shall:
(A)
Serve a copy of a reply filed under subdivision (d)(1) of this section on the authorized representative of the department; and
(B)
(i)
File proof of service of the reply filed under subdivision (d)(1) of this section with the reply.
(ii)
A certification by the taxpayer or the authorized representative of the taxpayer stating that he or she sent the pleading by a means of service authorized under §
26-18-1112
is sufficient proof of service under subdivision (d)(2)(B)(i) of this section.
(e)
(1)
Within thirty (30) days after a reply has been filed or the deadline to file a reply has passed, the commission shall schedule a hearing to be held within ninety (90) days of the date the reply was filed or the deadline to file a reply passed.
(2)
(A)
Before scheduling a hearing under this section, the Chief Commissioner of the Tax Appeals Commission shall assign the proceeding to one (1) commissioner or to all available commissioners sitting en banc, depending on the nature and significance of the proceeding.
(B)
There is a presumption that proceedings:
(i)
For which the net amount of the tax deficiencies and claimed refunds in controversy does not exceed twenty-five thousand dollars ($25,000), exclusive of interest and penalties, should be assigned to one (1) commissioner;
(ii)
Identified in subsection (g) of this section should be assigned to one (1) commissioner; and
(iii)
For which the net amount of the tax deficiencies and claimed refunds in controversy exceeds two hundred fifty thousand dollars ($250,000), exclusive of interest and penalties, should be assigned to all commissioners sitting en banc.
(3)
Before a hearing is held, the chief commissioner may reassign the proceeding to one (1) commissioner or to all commissioners sitting en banc.
(f)
(1)
Either party may amend a pleading one (1) time without leave at any time before the period for responding to the pleading expires.
(2)
After the period for responding to a pleading expires, a pleading may be amended only with the written consent of the adverse party or with the permission of the commission.
(3)
The commission shall allow a party to file an answer or reply, or both, to an amended pleading, and the commission shall specify a deadline for filing the answer or reply, or both.
(4)
A taxpayer shall not amend the taxpayer's petition after the expiration of the time for filing a petition if the amended petition would have the effect of conferring jurisdiction over a matter that would otherwise not come within the jurisdiction of the commission because of the statute of limitations or otherwise.
(5)
The commission shall provide notice of an amended pleading to the adverse party.
(g)
Except as provided in subdivision (e)(2)(B)(ii) of this section, this section does not apply to the following administrative hearings before the commission for which an expedited process is available:
(1)
A jeopardy assessment by the secretary under §
26-18-402
;
(2)
A cancellation or refusal to issue, extend, or reinstate a license, permit, or registration under §
26-18-601
;
(3)
A decision by the secretary to close a noncompliant taxpayer's business under §§
26-18-1001
and
26-18-1002
;
(4)
A joint refund offset under §
26-18-507
or §
26-36-315
;
(5)
A demand for an additional bond under §
26-55-224
, §
26-56-204
, or §
26-62-204
;
(6)
The revocation or cancellation of a license under §
26-55-231
, §
26-56-311
, §
26-57-413
, or §
26-57-419
;
(7)
The confiscation of equipment under §
26-55-247
; or
(8)
The seizure or forfeiture of a vending device under §
26-57-1212
.
Added by Act 2021, No. 586,§ 1, eff. 7/28/2021.