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55B - RESO - BOE UUT
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55B - RESO - BOE UUT
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Last modified
8/13/2015 11:15:32 AM
Creation date
8/13/2015 11:08:34 AM
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Template:
City Clerk
Doc Type
Agenda Packet
Agency
Finance & Management Services
Item #
55B
Date
8/18/2015
Destruction Year
2020
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4. Any third party contract between the local jurisdiction and an entity or person <br />authorized by the local jurisdiction to request information from the Board shall be subject <br />to the following limitations: <br />a. Any third party shall, to the same extent as the Board, be subject to Section <br />55381, relating to unlawful disclosures. <br />b. A third party contract shall not provide, in whole or in part, in any manner a <br />contingent fee arrangement as payment for services rendered. <br />5. Information obtained by examination of Board records shall be used only for <br />purposes related to the collection of the prepaid NITS surcharge and local charges by the <br />board pursuant to the contract, or for purposes related to other governmental functions of <br />the local jurisdiction set forth in the resolution. <br />6. If the Board believes that any information obtained from the Board's records <br />related to the collection of the prepaid NITS surcharge and local charges has been <br />disclosed to any person not authorized or designated by the resolution of the local <br />jurisdiction, or has been used for purposes not permitted by section 42110(b), the board <br />may impose conditions on access to its local charge records that the board considers <br />reasonable, in order to protect the confidentiality of those records. (section 42110 (c).) <br />7. The costs incurred by the Board in complying with a request for information <br />shall be deducted by the Board from those revenues collected by the Board on behalf of <br />the local jurisdiction making the request, as authorized by section 42110(b)(1). <br />ARTICLE III <br />LOCAL JURISDICTION <br />ADMINISTRATION AND RESPONSIBILITIES <br />A. The local jurisdictions shall be solely responsible for all of the following: <br />1. Defending any claim regarding the validity of the ordinance in its application <br />to prepaid mobile telephony service. The claim shall be processed in accordance with the <br />provisions of the local ordinance that allows the claim to be filed. <br />2. Interpreting any provision of the ordinance, except to the extent specifically <br />superseded by section 42105 of the Local Charge Act. The claim shall be processed in <br />accordance with the provisions of the local enactment that allows the claim to be filed. <br />3. Responding to specified consumer claims for refund involving: (1) rebutting <br />the presumed location of the retail transaction; (2) a consumer claim of exemption from <br />the local charge under the ordinance; or (3) any action or claim challenging the validity <br />of a local tax ordinance, in whole or part. The claim shall be processed in accordance <br />with the provisions of the local enactment that allows the claim to be filed. <br />4. Refunding the taxes in the event a local jurisdiction or local government is <br />ordered to refund the tax under the local ordinance. <br />55B -10 <br />
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