Section 509. Powers of tax commission  


Latest version.
  • In  addition to any other power
      conferred by this chapter the tax commission shall  have  the  following
      powers:
        1. To prescribe such methods and means as the commission determines to
      be  necessary  for  checking,  verifying  and ascertaining the number of
      miles traveled by, and the weight of, each vehicular unit on the  public
      highways in this state;
        2.  To  prescribe the method of accounts and the type of records to be
      kept by any carrier to the extent necessary to determine liability under
      this article;
        3. To weigh at reasonably frequent intervals any vehicular unit or any
      motor vehicle, as defined in section  one  hundred  twenty-five  of  the
      vehicle  and  traffic  law,  having  a gross weight in excess of sixteen
      thousand pounds, operating on the public highways in this state;
        4. To require any carrier subject to tax hereunder to file,  with  the
      department  of  taxation  and finance, a bond issued by a surety company
      approved  by  the  superintendent  of  insurance  as  to  solvency   and
      responsibility  and  authorized  to  transact  business in this state or
      other security acceptable to the tax commission, in such amount  as  the
      tax  commission  may  fix, to secure the payment of any monies which may
      become due from such carrier pursuant to this article. If securities are
      deposited as security under this subdivision, such securities  shall  be
      kept  in the custody of the comptroller and the commissioner of taxation
      and finance and may  be  sold  by  the  tax  commission  if  it  becomes
      necessary  so  to  do in order to recover any sums due from such carrier
      pursuant to this article; but no such sale shall be had until after such
      carrier shall have had an opportunity to litigate the  validity  of  any
      tax if it elects so to do. Upon such sale the surplus, if any, above the
      sums  due  under  this  article  shall  be returned to said carrier. The
      amount of the  bond  or  other  security  required  hereunder  shall  be
      reasonably  related  to the probable liability of the carrier under this
      article;
        5. To request the division of state police, the  state  department  of
      transportation  and other public officials to cooperate in enforcing the
      provisions of this article;
        5-a. To take possession of any certificate of registration  which  has
      been  suspended  or revoked under the provisions of this article and any
      decal  issued  in  conjunction  therewith,  and   any   certificate   of
      registration  which is being used for a motor vehicle other than the one
      for which it was issued and any decal that is on a motor  vehicle  other
      than  the  one  for which it was issued, or to direct any peace officer,
      acting pursuant to his or her special duties, or any police  officer  or
      any employee of the department to take possession thereof and return the
      same to the commissioner.
        6. To release any property from the lien of any fees, taxes, penalties
      or  interest imposed by this article upon application made to it and the
      payment of a fee of one dollar provided payment be made of such a sum as
      the commission shall deem adequate consideration  for  such  release  or
      after  payment  of any such amount is secured to the satisfaction of the
      commission;
        7. To make reasonable rules and regulations to effectuate the purposes
      of this article.
        8. To issue replacement certificates of registration or decals at such
      times as  the  commissioner  may  deem  necessary  for  the  proper  and
      efficient  enforcement  of  the provisions of this article, but not more
      often than once every year and to require  the  surrender  of  the  then
      outstanding   certificates  of  registration  and  decals.  All  of  the
      provisions of this article with respect to certificates of  registration
    
      and   decals   shall   be  applicable  to  replacement  certificates  of
      registration and decals issued hereunder, except  that  the  replacement
      certificate  of  registration or decal shall be issued upon payment of a
      fee  of  fifteen  dollars  for  each  motor vehicle and for any trailer,
      semi-trailer,  dolly  or  other  device  drawn  thereby  for   which   a
      certificate of registration or decal is required to be issued under this
      article;
        9. To examine, or cause to be examined or cause any person to keep any
      books,  papers  or  records with respect to the operations on the public
      highways of this state of any vehicular unit or any  motor  vehicle,  if
      the  tax  commission has reasonable grounds to believe that such vehicle
      may be subject to the provisions of this  article  or  employed  in  the
      computation  of  the  taxes  imposed  by  this  article,  to require the
      attendance of any person having knowledge thereof and to take  testimony
      and  require  proof  under  oath  material  for its information, for the
      purpose of ascertaining the correctness of any return filed with respect
      thereto or for the purpose  of  determining  tax  liability  under  this
      article;
        10.  To  waive  the  liability imposed by, or any requirement of, this
      article,  or  both,  under  such  conditions  and  limitations  as   the
      commissioner  may  prescribe,  as the commissioner may deem necessary to
      facilitate prompt relief to an area determined by the president  of  the
      United  States to warrant assistance by the federal government under the
      disaster relief and emergency assistance act.