193.08 FAILURE TO COLLECT AND REPORT TAX.

   (a)    If any operator shall fail or refuse to collect such tax and shall make, within the time provided in this chapter, any report and remittance of such tax, or any portion thereof required by this chapter, the Commissioner of Taxation shall proceed in such manner as he may deem best to obtain facts and information on which to base his estimate of the tax due. As soon as the Commissioner shall procure such facts and information as he is able to obtain upon which to base the assessment of any tax imposed by this chapter and payable by any operator who has failed or refused to collect the same and to make such report and remittance, he shall proceed to determine and assess against such operator the tax, interest and penalties provided for by this chapter. In case such determination is made the Commissioner shall give a notice of the amount so assessed by serving it personally or by depositing it in the United States mail, postage prepaid and addressed to the operator so assessed at his last known address.

   (b)   Such operator may within ten days after the serving or mailing of such notice make application in writing to the Commissioner of Taxation for a hearing on the amount assessed. If application by the operator for a hearing is not made within the time prescribed, the tax, interest and penalties, if any, determined by the Commissioner shall become final and conclusive and immediately due and payable. If such application is made, the Commissioner shall give not less than five days written notice in the manner prescribed herein to the operator to show cause at a time and place fixed in such notice why such amount specified therein should not be fixed for such tax, interest and penalties. At such hearing, the operator may appear and offer evidence why such specified tax, interest and penalties should not be so fixed. After such hearing the Commissioner shall determine the proper tax to be remitted and shall thereafter give written notice to the person in the manner prescribed herein of the determination and the amount of such tax, interest and penalty. The amount determined to be due shall be payable after thirty days unless an appeal is taken as provided in Section 193.09. Subject to the policies promulgated by the Board of Review, the Commissioner shall have the power to compromise any assessment of interest and penalties. (Ord. 84-12-108. Passed 12-27-84.)