(1) If the department determines that the amount of fees, penalty, or interest due
for any year is less than the amount paid, the amount of the overpayment must be credited
against any fees, penalty, or interest then due from the facility and the balance
must be refunded to the facility or its successor through reorganization, merger,
or consolidation or to its shareholders upon dissolution.
(2) Except as provided in subsection (3), interest is allowed on overpayments at the
same rate as is charged on unpaid taxes, as provided in 15-1-216, due from the due date of the report or from the date of overpayment, whichever date
is later, to the date the department approves refunding or crediting of the overpayment.
Interest does not accrue during any period during which the processing of a claim
for refund is delayed more than 30 days by reason of failure of the facility to furnish
information requested by the department for the purpose of verifying the amount of
(3) Interest is not allowed:
(a) if the overpayment is refunded within 6 months from the date the report is due
or from the date the return is filed, whichever is later; or
(b) if the amount of interest is less than $1.
(4) A payment not made incident to a discharge of actual utilization fee liability
or a payment reasonably assumed to be imposed by this chapter is not considered an
overpayment with respect to which interest is allowable.
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