| If a request for reconsideration is filed within the |
specified time period, the assessor shall reconsider the |
assessment or the determination. If the petitioner has so |
requested in the petition, the assessor shall hold an informal |
conference with the petitioner to receive additional |
information and to hear arguments regarding the protested |
assessment or determination. The assessor shall give the |
petitioner 10 working days' notice of the time and place of |
the conference. The conference may be held with less than 10 |
working days' notice if a mutually convenient time and place |
can be arranged. The reconsideration, with or without an |
informal conference, is not an "adjudicatory proceeding" |
within the meaning of that term in the Maine Administrative |
Procedure Act. If the requested reconsideration involves a |
denial or deemed denial of a refund claim, a refund claim with |
respect to which a conference has been requested under section |
5280 or an assessment that is paid in full or part and the |
assessor fails to mail to the taxpayer a decision on the |
reconsideration within 9 months after the reconsideration |
request was filed, the taxpayer may elect but is not obligated |
to deem the request for reconsideration denied. The taxpayer |
elects to deem the reconsideration denied by filing in |
Superior Court a petition for review of the deemed denial. |
The deemed denial constitutes final agency action and is |
subject to court review as otherwise provided in this section. |
The taxpayer may not make the deemed denial election after |
either the assessor's reconsideration decision has been |
received by the taxpayer or the expiration of 9 4 years |
following the filing of the reconsideration request, whichever |
occurs first. Notwithstanding any other provision of law, any |
claim for credit or refund of any tax imposed under this Title |
is deemed denied 10 4 years after it was filed if the claim |
has not previously been allowed or denied as final agency |
action. A deemed denial constitutes final agency action. |