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of the municipality's sales, use, rental, and lodging taxes, as applicable, and business license taxes. The
administrative hearing officer shall function in a manner similar to the Administrative Law Judge of the
Department of Revenue and must be impartial and reasonably knowledgeable of the business license
laws and the taxing jurisdiction's business license code or ordinances. The administrative hearing officer
may be an employee of the taxing jurisdiction or otherwise, but in no event shall he or she charge or
otherwise be compensated for his or her services in whole or in part based on the portion or amount of
the final assessment that he or she determines should be upheld, or any similar contingency. No filing
fee or supersedeas bond shall be required by the taxing jurisdiction for such appeals.
In lieu of the appeal under subdivision to the administrative hearing officer, and at the option of the
taxpayer, the taxpayer may appeal from any final assessment hereunder to the circuit court of the
county having jurisdiction over the municipality which issued or on whose behalf the final assessment
was issued, by filing a notice of appeal within 30 days from the date of entry of the final assessment with
both the municipal clerk of the municipality and the clerk of the circuit court. If the appeal is to the
circuit court, and if the taxpayer is the appealing party, the taxpayer shall also, within the 30-day period
allowed for appeal, either (a) pay the business license tax and any penalty shown as due on the final
assessment, or (b) file a supersedeas bond with the clerk of the court in double the amount of the
business license tax and any penalty shown as due on the final assessment, or in such amount as may be
required by Section 40-2A-7, as amended from time to time. The supersedeas bond shall be executed
by a surety company licensed and authorized to do business in Alabama and shall be conditioned to pay
the final assessment and any court costs relating to the appeal. If the taxpayer is the appealing party
and is able to show to the satisfaction of the clerk of the court that he or she has a net worth, on the
basis of fair market value, of twenty thousand dollars ($20,000) or less, including his or her homestead,
and that the final assessment is equal to or less than the taxpayer's net worth, the taxpayer may file and
prosecute the appeal without either paying the final assessment in full or posting a supersedeas bond.
A taxpayer may appeal a final assessment to the circuit court, as provided herein, even though the
taxpayer has paid the amount shown as due on the assessment prior to filing the appeal.
(6) The filing of the notice of appeal with both the municipal clerk of the municipality and the clerk of
the circuit court in which the appeal is filed, as well as the payment of the final assessment in full or the
filing of a supersedes bond when required above, are jurisdictional. If such prerequisites are not
satisfied within the time provided for appeal, the appeal shall be dismissed for lack of jurisdiction. On
appeal to the circuit court, the final assessment shall be prima facie correct, and the burden of proof
shall be on the taxpayer to prove the assessment is incorrect.
(7) If a final assessment is reduced on appeal, any overpayment shall promptly be refunded to the
taxpayer by the taxing jurisdiction to the extent allowed by Section 11-51-192.
(8) As provided by 11-51-191, no court shall have the power to enjoin the collection of any business
license tax due on an assessment so appealed or to suspend the payment thereof.
(f) Either the taxpayer or the taxing jurisdiction may appeal to the circuit court from a final order issued