§ 3114. Bonding requirements
(a) When the Commissioner, in the Commissioner’s discretion, deems it necessary to protect
the revenues collectible by the Commissioner, the Commissioner may require any person
required to collect, withhold, remit, or pay any tax administered by the Commissioner,
other than the personal income tax, to file with the Commissioner a bond, issued by
a surety company authorized to transact business in this State and approved by the
Commissioner of Financial Regulation of this State as to solvency and responsibility,
in an amount fixed by the Commissioner, to secure the payment of any tax or penalties
or interest due or that may become due from that person. In determining whether a
person should be required to obtain a bond, the Commissioner is specifically authorized
to consider the filing and payment history, with respect to any tax administered by
the Commissioner, of such person or any individual, corporation, partnership, or other
legal entity with which the person is or was associated as principal, partner, officer,
director, employee, agent, or incorporator.
(b) In the event that the Commissioner determines that the person is to file a bond, the
Commissioner shall give notice to that effect, specifying the amount of the bond required
and the period for which such bond is required. That person shall file a bond within
five days after the giving of the notice unless within those five days the person
shall request in writing a hearing before the Commissioner at which the necessity,
propriety, and amount of the bond shall be determined by the Commissioner. The determination
of the Commissioner shall be complied with within 15 days after the giving of notice.
Any person aggrieved by a determination of the Commissioner may appeal from the determination
in accordance with section 5885 of this title, but the determination of the Commissioner may be overturned on appeal only for abuse
of discretion.
(c) Notwithstanding any appeal to the Commissioner or to the courts, no person shall operate
any trade or business with respect to which a bond has been demanded during any period
for which the bond is not in effect. In case of operation in violation of this section,
the Commissioner may cause to be posted, at every public entrance of the vendor’s
premises, a notice identifying the person and the location and informing the public
that the person has not filed a bond and that no business may be conducted at that
location. No person shall cover or deface the posted notice, and the posted notice
may not be removed until the bond is posted or removal is otherwise authorized by
the Commissioner or a court.
(d) In lieu of a bond, securities approved by the Commissioner or cash in an amount as
the Commissioner may prescribe may be deposited, which shall be kept in the custody
of the State Treasurer who may at any time upon instructions from the Commissioner
without notice to the depositor apply them to any tax or interest or penalties due,
and for that purpose the securities may be sold by the Commissioner at public or private
sale without notice to the depositor. (Added 1985, No. 263 (Adj. Sess.), § 5, eff. June 4, 1986; amended 1989, No. 225 (Adj. Sess.), § 25(b); 1995, No. 180 (Adj. Sess.), § 38(a); 2005, No. 14, § 11, eff. May 3, 2005; 2011, No. 78 (Adj. Sess.), § 2; 2021, No. 105 (Adj. Sess.), § 500, eff. July 1, 2022.)