234.340 Dealer's bond.
561 words·~3 min read·
/ky/chapter-234/234-340A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)Every liquefied petroleum gas motor fuel dealer shall file with the department a
corporate bond, cash bond, or securities approved by the department in a minimum
amount of five hundred dollars ($500) and in a maximum amount of four
months' liability for taxes imposed under KRS 234.310 to 234.440 but not to exceed
fifty thousand dollars ($50,000). If, however, a liquefied petroleum gas motor fuel
dealer is bonded as provided in KRS 138.330 the department may waive the
bonding requirement in this section provided a rider is attached to the bond to
guarantee payment of all liquefied petroleum gas motor fuel taxes together with all
penalties and interest thereon and secure faithful compliance with the provisions of
KRS 234.310 to 234.440. The applicant for a license shall be the principal obligor
and this state shall be the obligee. The bond shall be conditioned upon the prompt
filing of true reports and the payment by the licensee to the department of all taxes
levied under KRS 234.310 to 234.440, together with all penalties and interest
thereon and generally upon faithful compliance with the provisions of KRS 234.310
to 234.440.
(2)If the liability upon the bond is discharged or reduced, whether by judgment
rendered, payment made, or otherwise or if in the opinion of the department any
surety has become unsatisfactory or unacceptable, the department may require the
licensee to file a new bond with satisfactory surety in the same form and amount,
failing which the department shall cancel the license in accordance with the
provisions of this section. If a new bond is furnished by the licensee as above
provided, the department shall cancel the bond for which the new bond is
substituted.
(3)If upon an informal hearing, of which the licensee shall be given ten
(10)days'
notice in writing, the department decides that the amount of the existing bond is
insufficient to insure payment to this state of the amount of the tax, penalties, and
interest for which the licensee is or may become liable, the licensee shall, upon the
written demand of the department, file an additional bond in the same manner and
form with surety thereon approved by the department, in any amount determined by
the department to be necessary, failing which the department shall cancel the license
in accordance with the provisions of this section.
(4)Any surety on a bond furnished by a licensee shall be released from all liability to
this state accruing on the bond after the expiration of sixty
(60)days from the date
upon which the surety has lodged with the department a written request to be
released, but this request shall not operate to release the surety from any liability
already accrued or which shall accrue before the expiration of the sixty
(60)day
period. The department shall, promptly on the receipt of the request, notify the
licensee who furnished the bond, and unless the licensee shall, before the expiration
of the sixty
(60)day period, file with the department a new bond with surety
satisfactory to the department in the amount and form prescribed in this section, the
department shall cancel the license in accordance with the provisions of this section.
If the new bond is furnished by the licensee as above provided, the department shall
cancel the bond for which the new bond is substituted.