Sec. 12-638h. Records. Examinations. Hearings. Testimony.
Sec. 12-638h. Records. Examinations. Hearings. Testimony. (a) The Commissioner of Revenue Services may require all entities subject to a tax imposed under this
chapter to keep such records as he may prescribe, and he may require the production of
books, papers, documents and other data, to provide or secure information pertinent to
the determination of the taxes imposed by this chapter and the enforcement and collection thereof.
(b) The commissioner or any person authorized by him may examine the books,
papers, records and equipment of any entity liable under the provisions of this chapter
and may investigate the character of the business of the entity in order to verify the
accuracy of any return made or, if no return is made by the entity, to ascertain and
determine the amount required to be paid.
(c) The commissioner and any representative of the commissioner authorized to
conduct any inquiry, investigation or hearing hereunder may administer oaths and take
testimony under oath relative to the matter of inquiry or investigation. At any hearing
ordered by the commissioner, the commissioner or his representative authorized to conduct such hearing and to issue such process may subpoena witnesses and require the
production of books, papers and documents pertinent to such inquiry. No witness under
subpoena authorized to be issued by the provisions of this chapter shall be excused from
testifying or from producing books or other documentary evidence on the ground that
such testimony or the production of such books or other documentary evidence would
tend to incriminate him, but such evidence or the books or other documentary evidence
so produced shall not be used in any criminal proceeding against him. If any person
disobeys such process or, having appeared in obedience thereto refuses to answer any
pertinent question put to him by the commissioner or his authorized representative, or
to produce any books and other documentary evidence pursuant thereto, the commissioner or such representative may apply to the superior court for the county wherein the
taxpayer resides or wherein the business has been conducted, or to any judge of said
court if the same is not in session, setting forth such disobedience to process or refusal
to answer, and said court or such judge shall cite such person to appear before said
court or such judge to answer such question or to produce such books and documentary
evidence and, upon his refusal so to do, shall commit such person to a community
correctional center until he testifies, but not for a longer period than sixty days. Notwithstanding the serving of the term of such commitment by any person, the commissioner
may proceed in all respects with such inquiry and examination as if the witness had not
previously been called upon to testify.
(P.A. 89-251, S. 46, 203.)
History: P.A. 89-251, S. 46 effective July 1, 1989, and applicable to sales or transfers of real property occurring on or
after that date.