(

a) Any service supplier whose estimated surcharge liability under this part averages twenty thousand dollars ($20,000) or more per month, as determined by the department pursuant to methods of calculation prescribed by the department, shall remit amounts due by an electronic funds transfer under procedures prescribed by the department. (

b) Any service supplier whose estimated surcharge liability under this part averages less than twenty thousand dollars ($20,000) per month may elect to remit amounts due by electronic funds transfer with the approval of the department. (

c) Any service supplier remitting amounts due pursuant to subdivision (

a) or (

b) shall perform electronic funds transfer in compliance with the due dates set forth in

Article 1 (commencing with

Section 41050). Payment is deemed complete on the date the electronic funds transfer is initiated if settlement to the state’s demand account occurs on or before the banking day following the date the transfer is initiated. If settlement to the state’s demand account does not occur on or before the banking day following the date the transfer is initiated, payment is deemed to occur on the date settlement occurs. (

d) Any person remitting surcharges by electronic funds transfer shall, on or before the due date of the remittance, file a return for the preceding reporting period in the form and manner prescribed by the department. Any person who fails to timely file the required return shall pay a penalty of percent of the amount of the surcharges with respect to the period for which the return is required. (

e) Any person required to remit surcharges pursuant to this

article who remits those surcharges by means other than appropriate electronic funds transfer shall pay a penalty of percent of the surcharges incorrectly remitted. (

f) Any person who fails to pay any surcharge to the state or any amount of surcharge required to be collected and paid to the state, except amounts of determinations made by the department under

Article 3 (commencing with

Section 41070) or

Article 4 (commencing with

Section 41080), within the time required shall pay a penalty of percent of the surcharge or amount of surcharge, in addition to the surcharge or amount of surcharge, plus interest at the modified adjusted rate per month, or fraction thereof, established pursuant to

Section 6591.5, from the date on which the surcharge or the amount of surcharge required to be collected became due and payable to the state until the date of payment. (

g) In determining whether a service supplier’s estimated surcharge liability averages twenty thousand dollars ($20,000) or more per month, the department may consider returns filed pursuant to this part and any other information in the department’s possession. (

h) The penalties imposed by subdivisions (d), (e), and (

f) shall be limited to a maximum of percent of the surcharges due for any one return. Any person remitting surcharges by electronic funds transfer shall be subject to the penalties under this

section and not

Section 41095. (

i) The department shall promulgate regulations pursuant to

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code for purposes of implementing this section.