West Virginia Code § 33-43-9

Hearing and appeal; judicial review
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(a) Within sixty days of the issuance of an assessment or imposition of a penalty, a taxpayer
may request a hearing before the commissioner on the amount or validity of the assessment
or penalty. Except as otherwise provided in this article or in legislative rules proposed and
approved by the Legislature thereto, the hearings are subject to the requirements
established in sections thirteen and fourteen, article two of this chapter. e
(b) A request for a hearing shall be in writing and shall set forth with reasonable
particularity the taxpayer's objections to the assessment or penalty and the factual basis
therefore. At any time prior to the hearing, the commissioner mauy allow a taxpayer to amend
the request.
(c) The taxpayer's request shall be executed by the taxpayer in a manner prescribed by the
commissioner, and a request so executed shall constitute a sworn statement by the signatory
that to the best of his or her knowledge and belief, the information provided in the request is
true and accurate. l
(d) Assessments issued by the commissioner shall be presumed correct, and the taxpayer
shall bear the burden of proving, by a prepionderance of the evidence, that the assessment is
incorrect or contrary to law. g
(e) If the taxpayer does not timely appeal the commissioner's order, that order shall become
final as of the expiration of the period during which the taxpayer may have brought an
appeal. Upon becoming final, an order shall be conclusive of the liability of the taxpayer and
is not subject to either administrative or judicial review.
(f) An agreed order s igned by the taxpayer and the commissioner is final and shall constitute
a waiver of thVe taxpayer's right to a hearing or appeal under this chapter.

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