26-18-803. Procedures involving taxpayer interviews.

26-18-803. Procedures involving taxpayer interviews. (a)Recording of Interviews. (1) Recording by Taxpayer. Any agent of the Secretary of the Department of Finance and Administration in connection with any in-person interview with any taxpayer relating to the determination or collection of any tax shall, upon advance request of such taxpayer, allow the taxpayer to make an audio recording of such interview at the taxpayer's expense and with the taxpayer's equipment. (2) Recording by Secretary. An agent of the secretary may make an audio recording of any interview described in subdivision (a)(1) of this section if such agent: (A) Informs the taxpayer of such recording prior to the interview; and (B) Upon request of the taxpayer, provides the taxpayer with a copy of such recording, but only if the taxpayer provides reimbursement for the cost of the reproduction of such copy. (b)Safeguards. (1) Explanations of Processes. An agent of the secretary, before or at an initial interview, shall provide to the taxpayer: (A) In the case of an in-person interview with the taxpayer relating to the determination of any tax, an explanation of the audit process and the taxpayer's rights under such process; or (B) In the case of an in-person interview with the taxpayer relating to the collection of any tax, an explanation of the collection process and the taxpayer's rights under such process. (2) Right of Consultation. If the taxpayer clearly states to an agent of the secretary at any time during any interview, other than during an interview initiated by an administrative summons issued under § 26-18-305, that the taxpayer wishes to consult with an attorney, certified public accountant, or any other person permitted to represent the taxpayer before the secretary, then such agent shall suspend such interview regardless of whether the taxpayer may have answered one (1) or more questions. However, the taxpayer may be requested to sign a waiver extending the time the secretary has for making a final assessment as provided by § 26-18-401. If the taxpayer refuses to sign such a waiver, the taxpayer may be subject to an estimated assessment by the secretary. (c)Representatives Holding Power of Attorney. (1) Any attorney, certified public accountant, or any other person, permitted to represent the taxpayer before the secretary who is not disbarred or suspended from practice may be authorized by such taxpayer to represent the taxpayer in any interview described in subsection (a) of this section. (2) An agent of the secretary may not require a taxpayer to accompany the representative in the absence of an administrative summons issued to the taxpayer under § 26-18-305. (3) Such agent, with the consent of the immediate supervisor of such agent, may notify the taxpayer directly that such agent believes such representative is responsible for unreasonable delay or hindrance of an examination or investigation of the taxpayer. (d) Section Not to Apply to Certain Investigations. This section shall not apply to criminal investigations or investigations relating to the integrity of any agent of the secretary.