27-65-87 - Administration of the chapter vested in the chairman.
§ 27-65-87. Administration of the chapter vested in the chairman.
[Until July 1, 2010, this section will read:]
The administration of this chapter is vested in and shall be exercised by the chairman of the State Tax Commission, except as otherwise herein provided, and the enforcement of any of the provisions of this chapter in any of the courts of the state shall be under the exclusive jurisdiction of the chairman of the State Tax Commission who may require the assistance of an act through the attorney general, prosecuting attorney of any county, or any district attorney, or any attorney for the State Tax Commission, and may with the assent of the Governor, employ special counsel in any county to aid the prosecuting attorney, the compensation of whom shall be fixed by and paid only upon the approval of the Governor; but the Attorney General, district attorney or prosecuting attorney of any county shall receive no fees or compensation for services rendered in enforcing this chapter in addition to the salary paid to such officer.
In case of violation of the provisions of this chapter, the commissioner may decline to prosecute for the first offense, if in his judgment such violation is not wilful or flagrant.
[From and after July 1, 2010, this section will read:]
The administration of this chapter is vested in and shall be exercised by the Commissioner of Revenue of the Department of Revenue, except as otherwise herein provided, and the enforcement of any of the provisions of this chapter in any of the courts of the state shall be under the exclusive jurisdiction of the Commissioner of Revenue of the Department of Revenue who may require the assistance of an act through the Attorney General, prosecuting attorney of any county, or any district attorney, or any attorney for the Department of Revenue, and may with the assent of the Governor, employ special counsel in any county to aid the prosecuting attorney, the compensation of whom shall be fixed by and paid only upon the approval of the Governor; but the Attorney General, district attorney or prosecuting attorney of any county shall receive no fees or compensation for services rendered in enforcing this chapter in addition to the salary paid to such officer.
In case of violation of the provisions of this chapter, the commissioner may decline to prosecute for the first offense, if in his judgment such violation is not willful or flagrant.
Sources: Codes, 1942, § 10134; Laws, 1932, ch. 90; Laws, 1934, ch. 119; Laws, 1938, ch. 113; Laws, 1952, ch. 403, § 13, eff May 1, 1952; Laws, 2009, ch. 492, § 105, eff from and after July 1, 2010.