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FTB Notice 2000-10

letseal.gif (14667 bytes) STATE OF CALIFORNIA
FRANCHISE TAX BOARD - Legal Branch
PO Box 1720
Rancho Cordova CA 95741-1720
(916) 845-3309 Fax (916) 845-3648

KATHLEEN CONNELL
CHAIR

DEAN ANDAL
MEMBER

B. TIMOTHY GAGE
MEMBER

December 27, 2000

FTB NOTICE 2000-10

SUBJECT:  Request for Public Comment
                     Draft Regulation 19032 (Audit Procedures)

The Franchise Tax Board at its December 18, 2000, meeting adopted the following resolution:

FRANCHISE TAX BOARD RESOLUTION
REGARDING PROCEEDING WITH AN AUDIT PROCEDURES REGULATION

It is hereby resolved that staff complete the process of developing an Audit Procedures Regulation of general application in the following manner:

Staff shall prepare by January 30, 2001, a chart which details the staff version of the draft regulation, the interested parties version of the draft regulation (as produced to date), and the difference between the two proposals.  Such chart shall use the actual proposed language of the Audit Procedures Regulation as both staff and interested parties envision it.  As much as possible, the reasons for the differences between the two proposals shall be summarized.

Staff shall conduct two interested parties symposiums on the Audit Regulation before April 30, 2001.  Before each symposium, staff will release an updated staff draft and the summary chart in the form described above.  Staff will collect interested parties comments only in written form for discussion at the symposiums.  All interested party comments submitted will be presented to the Board unless withdrawn by the authors.

Staff shall provide a final draft Audit Procedures Regulation to the Board Members by May 31, 2001.  It will provide a copy of all the items that staff and interested parties agree on and the actual language in dispute.  At the next meeting following May 31, 2001, the Board will provide staff direction on the disputed items and direct referral to OAL so that a formal public hearing can be scheduled on the proposed regulation.

It is the Board's intent to produce a regulation of general application under the Administrative Procedure Act, and that shall be the form of this process.

In accordance with the Board's resolution, staff requests written comments concerning draft Regulation 19032 by January 15, 2001.  Draft Regulation 19032 can be located on the department's web site at www.ftb.ca.gov/law/regs/19032_draft.pdf.

The first symposium concerning the draft Audit Procedures Regulation was held on December 1, 2000.  The second symposium has been scheduled for April 23, 2001, in Room 1040, Phase 2, of the Franchise Tax Board's central offices at 9645 Butterfield Way, Sacramento, CA, beginning at 10:00 a.m.  The central offices of the Franchise Tax Board are located near the Butterfield station of the Sacramento Light Rail System.  Interested parties are encouraged to provide comments prior to the symposium.

For further information regarding this notice, or to submit comments, please contact Colleen Berwick at the Franchise Tax Board Legal Branch, P.O. Box 1720, Rancho Cordova, CA 95741-1720; Tel.:( 916)845-3648; E-Mail: colleen_berwick@ftb.ca.gov.

The hearing officer for this symposium is Edwin Campion of the Franchise Tax Board's Audit Division.  Mr. Campion may be contracted at the Franchise Tax Board, Multistate Audit Program Bureau, P.O. Box 1779, Rancho Cordova, CA 95741-1779; E-Mail: edwin_campion@ftb.ca.gov.