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HomeMy WebLinkAbout81-180RESOLUTTON AP~NDING RULES OF N~TICE AND PROCEDURE OF THE BUTTE COUNTY ASSESSMENT APPEALS BOARD BE IT RESOL57ED pursuant to Butte County Code Section No. 21-54 that the rules of notice and procedure, as hereby amended, attached hereto as Exhibit "A," are, and the same shall be, the rules of noCice and procedure of the Butte County Assessment Appeals Board. PASSED AND ADOPTED by the Butte Countq Board of Supervisors this 4th daq of 'August,I.981, by tfie following vote: AYES: Supervisors Dolan, 5arac-eni, Whee].er and Chaix~man Moseley NOES: None ABSENT: Supervisor Lemke NOT VOTING: None ~ BERTHA MOSELEY, Chairma of the Svtte County Soard of Supervisors ATTEST: CI,ARK A. NELSON, County Clerk and ex-officio Clerk of the Board sy RULES OF N~T~CE AND PROCEDURE aF TfiE .. ASSESSM~NT APPEAI.S BOARD OF THE CflUI~ITY OF BiT'I'TE 1. DEF~NITIDNS AND GENEitA,L PROVISIaNS. The provisions set forth in this , rule govern the construc~tion o~ the Rul~s af Notice and Procedure of the Assess- ment Appeals Board o~ the Countq of Bu~te, ~ • a. "Assessor" is ~he Assessor of the Coun~y of Bu~te. Durir_g the session af the Board~ the Asses'sor er d~.puty shall be present and i,nay make aay sta~ement or pradnce evi.dence on matters be-~ fore tihe Board. ~ , b. "Auditor" is the Auditor of the County of Bi~tte. c. "Boa~d" depending ~c~on cont~ct, refers to the three-member Assess- ment Appeals Board af th~ County of Butte. d. "C~airman" is the Chair~an of the 8oard. e. "Clerk" is the C3.erk.of the Board. f. "County" is the County afe Butte. g, "County ~ega~. adv~sor" a.s the Couaty Counse~.. The County Counsel or his deputy sha1~. be avail.ab~.e for al.l hearing to g~ve legal advice to the Board. h. "Economic unit" is the int~~grated c~mhina~3.on of a parcel. of ].and or contiguaus parcels of land, and exis~ing appurtenances in- cluding structures affixed thereto, reasonably neces5ary to put the whol.a property to its highest and best use. ~i. "Full cash vaJ.ue" means market va~ue. ~. "Person affected" is ona who owns an interest in property which fs the subject of the proceeding befdre tha Board. k. "Regular assessment pexiod" is the period Ma.rci~ 1 to an,d inc].uding . ,Tu1y 1, or such I.ater date for completion of the roll as may be authorized bp tha Sta~e Board ot Equalization. Ru1e Na. 301. ~(Ca1. Adm. Cod~) 2. THE BOARD'S FUNCTZON AND 3URiSAIC'FION. 'The functions o£ the Board are: a. To incr~ase aftez giviag notice or ~awe~ upon application, i.ndi- vidua~ assessments in order to equalize assessments on ~he local roll pursuant Co Section 1604 of the Revenue and Taxatian Code. b. Ta review, equalixe, and adjust penal and escape assassments on the local roll, except assess~nents ptirsuant to Section 531.1 of the Revenue and Taxation Co~e. c. Ta exercise the powers speci~~ed in Sec~ion 1b13 of the Revenue and ~axstion Code as to d~rect ~he Assessor to: ~ I. Assess anp taxable property other than 5tate assessed property that has escaped assessmeat. 2. Change the amount, ntm~er, quantitp, ar descr~ption af prapertq on the ra~l. 3. Make aud enter new assessmen~s on the ro11, at the same time canceling prev3,ous entries, when any assess- men~ made by the Assesso~ ~.s deamed by the Board ~o incomplete as to reader ~oubtful tha collection o~ ~he tax. The Boaz.d.acts in a judicial capacity and mag ac~ anly on the bas~.s af e~:idence. ~'he B~oard has no jurisdiCtian to grant or deny exemfptions or to consider a].1ega~ious that cla3.ms fox exemptions from proper~Cy taxes have beea improperl~r deaied.~ 'I.'he ~oard has no Iegislative pawer. *The fai.~.ure of azz assessee to raquest an a~.lacat3on o~ claimed exempt and taxable values may r~sua.x zn a dea~.al of juda,cial reli,ef on ~he grounds of fa.iZur~ ta exhaust administrative temedies. Ru1e No. 3a2. {Ca1 Adm. Code} 3. Pi7BLICAT~aN OF N~TECE OF BOARi) MEE'~ING. Immediatel}r upon de3.ivery of the iocal roll to the Auditor, tfie Clexk shall give notic~ af ~he period during which assessment protests wi~7.loe accepted, the place where they map be fi3.ed, and the ~ime the Board will taeet to equalize assessments by publfca~ion in a newspa.per of geaeral. c~rcul,ation im the County• Sec 1b01 (R ~ T Code) 3.5 TTME AND PLACE 0~' B4ARD MEETTNGS. Except as ~he ~Qard of Supervisors shail by order, ~therwise provide, the Assessment Appeals Board shall si~, for the puz~pose af heaxing appl.i~ations for aqualizari~n of assessmer~.ts on the local ra11 made dur~.ng the regular assessment period, in Oroville, California, at a place and time to be designated by the C~azrman. 4. LQCATION OF LOCAL ROLL FOR INSPECTION. The lacal ro1~ or a copy thereof shal~ be made availab3.e far inspec~ion by a11 interested garties duriag regular offica hours of the officer ha~ing custody tihereot. Copies may be made availab].e for inspection at ather places for the conveni~nce of the pu3~lic. Ru~e No. 304. (Cal Adm. Code) 5ec, 1601 (R & m Code} 5. ApPI~XCaT~ON. I~o change in the 1oca1 roll sought by a person a=£e~~ed sha~.l be made uniess the following appli~ation procedure i.s followed: -2- a. y~p NFAY EILE. The appl~.catioa is made by a person affected or for kim by his agent. If the appl~.cation is made by an agent otn~r than an auLhorized atto~ney Iicensec€ to practi.ce in th~.s state, ox a spouse, par~xr.t or child of the persan affec~ed, writtea autho~iza~ion ta sa act from Che person affected must be ~iled Grith the application. If rha persan affected is a carporation, the agent's authoxization must be signed by an officer of the corporation. b. STGi+1ATURE AND VERSFICAT~ON. The appl3.ca~ion shall be in wri~ing and sigaed by the person affected or his ageat with a dec~.arat~.on under peaal.ty of perjurp ~hat the statements ~ade in the app~.i- cation axe true. If ths application is executed outside the 5tate of Ca1~.~ornia, it shalZ be s~aorn to before a notary public ar other person author~.ze~ ta administer oaths. c. FORM AND C~13TENTS. ~he County Clerk sha~1 provide free of charge forms on which app~ications are to be made. The applications shal.l be in a form prescribed by the State Saard of Equalizat~.on. ~ A segarate appl.ication shall be f~led for each e~onomic unit of propertp and shal~. I.~.st the Assessor's parcel numhers invo3.ved. ~he application, ~o be valid, must contain the fo~.lowing. informa~iou: ~~. The na~e and address of the applicant. 2. ~'he aam.e and address a~ the applica~t~s agent, if any. 3. A descxiptfon of the praperty which is the ~ubject of the app~icatiou suff~.cient to identa.fy it on ~he assessment roll. 4. The applicaat's opinian af the~ full value (mar~Cet value) of the property' on the valuatian date (~irst day of March) of ~he assessment year i.n issue. 5. The ful~. value ~II WYlIC~I the assessmenr af ti~e property was based {.that is, four times the assessed value}• 6. The facts relied upan to support the claim that the Board should order a change in the assessed value or classi~ication of the su~jecr property. The amov.nt of tax or the amount of an assessed value increasa sha11 not constitu~e facts suf- ficient to warrant a change in assessed values. 7. A notice that a list of propErty txansfers within Che, county, which h~tre accurred within ~he preceda.ng t~uro-year period is open to iaspection at the Assessor's Office for the appl.icant upon payment of a fee of ten doZlars ($14.00). (Revenue and Taxation Code Section 408.~) -3- S. A natice tha~ w~itten findings of £acti wi11 be available upon request and a~ appropriate plsce for the appl~cant to make the reques~. (See Sectioas 9 for o~her provisioas regard~ng find~ags of f~c~.) 9. A notice ~hg~ the county has appo~nted a heari~g o~ficer as provi~ed for ~a Revenu~ aad ~axation Cade 163b. (See sections 33 to 37 ~,~,rfor circumstaaces under whic~ the the apglicant can request his spplicatio~ be ~esrd by such aa officer.) An app~ication which does not show the ~oregoiag items ta be filled in by the applicant is invalid snd shall not be accep~ed by t~e Board, Prompt notice that an applicat~on is invali~ shal~ be givea, An applicat~on which shows the faregoiag items is valid and no additioaal in~ormatioa sha~l be requested of the applxcant on ~~e applicatiaa ~orm. d. TTME OE FZI,ING. The applica~ion shall be tiled with the Clerk wi~i~in the time perio~ beginning July 2 bu~ no later thaa Sep- tember 1~. An app3icatiaa wi11 be deemed to have ~een time3.y tiled if 3.~ is sent by T].S. mail, pxoperly addressed wit~i pos- tage prepaid and is postmaxked on Sep~ember ~.5 or earlier wit~- in such period. Am eppli.catian fox a chaage ofr 8SS2s8tnen~ made a~tside the regul.ar assesament period m~s~ be filed with tk~e C1erk no later than 60 daqs after th~.e date on wh.i.ch the assessee was notified of the assessment pursuant ta Section ~:605 of the Revenue ~nd Taxati,ou Code. Except as provided in Revexzue and Taxation Code Sec~ions 67.9.2, 620 and b20,5 of t~e Revenue and Taxation Coda. The Board has no jurisdiction to h~ar anq applicaCion unless filed within the time specified. Sec. ~6d3 (R & T Code) Property acquized~between Iien da~e and beginni.ng af fiscal year. ~f real property is acquired after the lien date for the ~isca~. year an~ before the fi~st day of such ~i.scal year and if t~ie new owaer of such rea3. property did ntit receive the natice required by 8ection 619 with respect to such praperty, the new o~wner ox his ageat may, under rules adap~ed bq t~e board o~ super- v~sars, fi.Ze the applicatioa described in Section 1603 a~ anq time af ter the time p~escribed ~n such section and on ar hefare Nav- ember ~.5 ~or a hearing be~are the county board ~o equalize the assessment of such }~roperty as though such assesament had b~en uiade auts~.de the xegular assessu:ent period. Sec. 620.5 {R & T Code) e~ AMENDMETTTS. No appli.cati.on may be amemded after 5:00 p.mo on the last day upon which it mig~.t have been filed if t~e e~~ect of t~e amendment is to request reJ.~.ef additional.to or different in na~Cure fro~n that origina~ly requested. - 4- _..._...._ _ - --_. .., _.... __. -- ---_.-,.. . _ _... . .......~.._.. _._. _........ _._..... -_ . _. - . ~ _ . ~ ..~~ . . 6. BASE YEAR VALLTE PRESTT~'lPTI~N a, The appea~s board decision that the ~air market value is Iower than the taxable va3.ue Cas defined in Sect~.on G60{V} {b) wil.~. not establish a new base year va.lue, ualess the base pear value is the sub,j ect of the appeal. b. Any base year value determizzed tay tY~e board or by a. caurt for any I975 assessment sha11 be conclusively presumed to be the base year va].ue for the property assessed. c. The full value detex~mj.ned for th~ 1975 base year shal]. be conc7.asive3.y presumed to be the base year value ~3.ess aA equalizat~.on applicat~.on 3s filed no latar ~han September 15, 198~. d. The full value determined ~or p~operty which is purchas~d, is new].Y constzu~t~d, or changes ownars~ip after the 1975 lien da~e, sha~.I be conc~.usively presumed to be the bas~ year val~e, un~.ess applica~i.on for equalizatian is filed during the equaliza~Cion period fox the year in which the assessment is placed on ~he assessment rocll, or is filed dur~ag the equaliza~iou pexiod in any of tna thrae succeedixzg peaxs. Any determinat~on of full cash va~.ue by a loca]. baard or by a court of 1aw resulting from such filing sha1.1 be conc~usively presumed to be the basa year value begianing with the liea date of the assassment yea~ in whi.ch tlne appeal is fi~ed• An applicat3om far equalization made pursuant to sections b20 or. 1fi0S of the Revenue and '~axat~.on Code`, Grhen determined, shall be conclusiv~~.y presumed to_be the base year value. Rule 305.5 {Cal. Adm. Cade~; S~c. 8Q, S1 R& T Code 7. COPY QF A~'PL~CATION TO ASSE3SOR. TE~e Clerk shg].~ transmi.t ta the Assessox a copy ot each applica~a.on for a chsmge in assessment received, snd _ a~ceesaa~ble time sha~~ be sllowed before hesriag for the Assessor to obtain i.nforma~~.oa re7.a~ive to ~he praperty and the assessmen~ thereo~. Within te~, (3.0) days afrter receipti of a ~opy of filed application, or within such further time as r~gy be gran~ed by ~he Chai.rman of the Baazd, ~he Assessoz may ucove ~he Board in wri~ing to request the appl3.ca~t to fursii.sh a m.ore adequate statement of facts in support of tl~e ~equested reductioa or to furnish other infoxmatian required in the spp].icatian. ~.'Y~e Board shal~ ru3.e on suc~i motion as soon as posaibl~ snd the Clerk sha3.1 not set the applzcatiox~ for heaxing until .ob~ainin,g the Board's rul.ing. - Rule No. 306 (Cal. Adroa. Code) 8, NOTIC~ OF HEARING• a, After ~he filing of an application far reduction of.an sssessment, tha Cleric shall set the matter for hearing and~noti~y the applicant or his agen~ and th~ Assesso~ in writing by personal delivery or by deposi~ing the notice in the United 5tates mail directed to t~e address given in the app~icatiion. The no~ice shall designate the time and place of the hearin$. After receipt of a copy of s aotice pursuaat to CaZif~rni.a Administrative Code Sec~ion ~05.5, the Cler~ sha11 set ~he matter for hearing and give noti.ce to the assessee at his J.atest address aa file in the assessox's recordso -5- It shall a~so include a statement that the Baard is requ~red to find ~he fu~I cash va~ue af the property fsom the evideace pre- sente~ at the hearing a~d that this f~nding maq exceed the tu1~ cash value on wh~ch ~he assessment was based, raith the result ~hat the assessment wi1~ be r~ised rather than lowered. ~`he no~ice may inc~ude a statement that aa appZica~~on for a reduction in the asaessment of a par~~on a€ aa improved r~al property (e.g., land only or improvements on~y) or a portian of installatioas which axe partly re~l proper~q and ~artly personal propexty (eag., oniy the improve~ents portion or anly the persona~ property por- tion of machinery and eq~ipment) may result in an increase in the uaprotes~ed assessment af the ot~er por~ion or partions af the prppextq, which increase will o~fse~, in who~e or in p$rt, any reduction ia ~he protes~ed ass~ssment. If the genera~ notice daes not iaclude the latfier statement, such a statem~nt sha11 be included ~n notices ~n those cases to whirh th~ Cle~k deems i~ relevant. b. ~he notice sha~l be given no Iess t~an thirty days prior ta t~e hearing unless: ~ 1. The Cle~ic h$s received a request for informatioa pursuant ta Califor~~a Administrat~on Cade Section 305.1, in which eveat t~e natice sha11 be given ~o Iess thaa rwe~~y a~y~ pr~.or ta the hearing; ar 2. The C~.ex~k has r~ceived in wr~.~zag form the applicant whici~ atates that the appZicant wiZl mat make a request fax infarmation, in whi.ch event the notice s~a3.I be g~ven no less ti~a~t five days prior to the hesring; ar 3. A shortez notice has been stipul8~ed to by tfne Assessor and applicant o~ hi.s agen~. c. The Clerk s~a11 notify ~he Ass~saor and the County ~.ega]. advisor of the ~ime aad place of t~e hea~i~zg.~ d. Wiz~n pxopns~ng tc rgise an assessment on its owr~ motion witt~out an applicatioa for reduction pending before it, the $oard shall give notice of the fieariag i~n the manmer pravide~ herein~elaw not less than twenty days prior to the ~nearing unless notice is waived by the assessee or his agent in writing in advance of the hearing or or~].ly at the time of the hearing or a shortex no~i.ce is s~Cipula~ed to by ~he Assessar ~nd Assessee or his agent. The notice ahal~ be given xo the assessEe as r~vea~.ed by the 3.atest assessmen~ ro3.i by deposiring the notice i,n the United States mail directed to the assessee at the 1a~est address of the assessee available to rhe Assessar on file in ~h.e reco~ds in tt~e Assessox's officea ~t shall c~ntain: I, A statement tha~ a hearing will be he~.d before the local board to determine whether nr not the assessmen~ sha11 be raised. 2, The t3.me and pla~e of the hea~'ing v -G- __ _ ..__. _ _ __ . . 3. The Assessor's paxcel n~ex or numbe~s of the property as showu oa the local rol~o ~. A s~a~emeat ~hat the ~oard is required ~o find ~he fu~l casi~ value of t~.e pxoperty ~zom the evic~ence preseated at ti~e hesriag. S, The amouat by wh~ch it is proposed ta ~aise the assess- meat, Rule vo. 307 {C~1. Adm. Code) 9, RE UES'~ FOR ~'~ND7~IGS. I~ an applicant or the Assessor desires written findiags of fact, his request m:ust be in wxiting and subuiitted ~e' the C3.e~ic b~fo"re co~mm,encement a~ the hear3ng. ~"he requesting p$xty may abanc~on the request and wai.~xe f~tndings at the conc3.us~.on of the hearing. If the xequast~.ng party abandons h~s request at this t~e, the other part~ may or~~.iy or in wxiting renew Che re- queate The Cauntq sha11 impose a~ae cf ten do3.lars f~1Q}, for each pa~cel aa the secured roll and each assessment on the unsecured roil, or a total af $50 fax findings on cantiguous _parce].s~ o~ assessments on rhe rol~. inva~.ving the s~me issaes and owners, for p~roviding ti~is document to an agplicant who made the init~.gl request~or renewed the request upon abandonm:enC by the asse~sor. The ~ounty must provide find~ngs within 45 dsys after the f~.aal dete~nation o~ the Bosrd, and shal~. accompany them w~.th a ao~ice that a re~ues~ ~or a traascript of ~he heariag must be ~de within 60 daq's after th~ ~efermz.nation. W~ien wr~~fien findiags of fact are made, they s~all fairiy disc~ose the Boazd's findzngs on a1I. material points raised ia tt~e app~.ica~ion and at the hea~ing. The findings s~all also i.nclude a statemen~ af the method or methods of va~.uation usad in determi.aiag ~he fu11 cash va~ue of the property, and sha11 he made timely after the hearing. Sec. i611.5 (R~& T Code} - Ru].e No. 3~8 (Cal. Adm. Code) 9;3. ATTQRNEY FEES, If the baa~d fails to make findings upon request, or if fix~diags made are found bp a review~ng court to be so deficien~ that a. remand to the t~oard is ordered to secure reasonable c~mpliance with ~he eletnents of finc~ings required by Section 1611.5 of the Revenue and 'Faxation Code, the ac~iaa of ~ha board shali be deamed to be arhitrary and capricious within the taea3.ning ot Se~tion SQO of the G~vernment Code, so as to suppvrt an al.lowance of reasonab~.e a~toz~,ey fees against the county for the sexvices necessary to ob~aim proper fiad3.ngs. Sec. 161I.6 (R & T Code~ Yp~ HEARING. The Bo~rd sha11 meet on tl~e third Mandaq in ,~uly and sha11 cnn~inue in session untii the business of equa7.ization i.s disposed ofa A~1 heariags be£o~Ce ti~e Boar~ shall be conducted in the ma~er prvvided in these rul.es. No~h3ng herein requires the ~oard to cvnde~ct hearings prior to ~he final day for filing appli.cations. Seco 1604 (R & T Code) Un7.ess o~he~rwise ox~ered by ~he Board, the hearing on an app~.ication pertaining to an assess- ment made outside the regul~r assessment period sha3.1 be he3.d at ~~e time s~geci- fied ~~r hea~ings on assessmen.ts made during the regu].ar sssess~ent ~eriad, Seca 1605 (R & T Code} Rule Nao 309 (Cal. Adm. Code) - Sec. ~b04 (R & T Code} - Sec. 1605 (R & T Code) . . - _ _....... . . _ . .. _.. _._ .. . . _. - - , 10.1. DI UAL ICATZON OF A BOARD ME'M~3ER a. The party a~fected ox his agent, or ti~e Assess4r, may fi~.e wi~h the C~erk a wr~.ttea statemeat obj~cting to the hear~.ng of a matter ba~o~e a memi~er of the Boa~d. The statemenfi sha11 set fosth the ~acts cous~ituting ~he gronnd af ~he disqualifica~ion of~ ~he member aad aha].1. be sign~d by tt~e pa~~y affected or his agen~, or by the Assessor,fand shall be filed wi~h ~he Clerk a~C ti~e earliest gracticable oppar~unity after c~iscovery of the facts com- stituting t~ie gxound of the memi~~r's disqualification, and in aay eveat before the co~zemcement o~ the hearing of any issu~ o~ ~act in the procaeding before such ~embere C~p~,es of ~ne statea~ent shall be served bq t~e presenting party on each par~y to the pr4ceeding a~xd on tl~e Baard m~mher a].leged to be disqualified. Within ~.0 days after filing o~ the staten~emt or 10 days aftex service of ft on him, whichever 3.s Ia~er, fihe Board membex may file with ~he Clerk a wx~i.~ten answer: 1, Conseating to th~ proceeding bei~,g hea3:d by ano~i~er memi~er, in which event the C~.erk shal3. appaint a re- placemeat member, or ~ 2.. Deaying his disqua~ification, which answex may admit o~ deny aay ox alI of t~Ze fac~s alleged in the statemen~ and set forth any additzonal facts re3.evant to his d i squa ~.i~i.c a~Cions. b, No member shaZl hear or pass on the qu~stion of his own disqua~.i- ~ication. Another member o£ the Baard shall hear and ~ass an the questi4a and sha1.1 be se3.ected ~s follows: 1. AI~ tt~e parties w~.o have appeared may agree on t~-e mem- be~ w~o sh~7.1 hear and pass on ti~e questi.on provided agree~m,ent is regched within five dsys af~ex expiration of the time allowed in subsection {a) for the cha~lenged member ~o answer, or ~ The Clerk shaZl fortitwith transmit a copy of such answer to esch party. Every s~a~ement and ~nswer sha11. be verified by oat~. in ~he max~ner prescri.bed by Sectiia~ 4~~6 of ~he Code of Civil Procadure. Rule No. 308.5 {Ca3.. Adm. Code} - Sec. 1&24.4 (R & T Code) 2. ~n the event an agreement is not reached witi~in the time provided in subsection. (b} (1) , the C1erk sha11 iz~edi.- ately notify th.e. Board, o~ Su~ervi.sors of that fact, and on receipt o~ noti_e thE Baard of Supe nrisors shall forthwi.~h assign the member wi~o shall hear and pass an the question. Onee the member has been selected pursugnt to subsection (b} (I) pr {2} that membex si~a17. @e~e~nine th~ qualifica~ion of ~he cha].Ienged membero ------ -- ~,<_.._..,...... . - --... . ~ .. ..... .... . . . . . . __ .--__._., _ ................ . _ ..._._.._._ ...__. ...__._........... T ___...__.------- ~.0, 2 APPLICATYOh r'OR EQUAL~ZATION xY MEMSER OR .. ~:`~RNATE. a. Aa application for eqc~a.lization f31ed puxsuant ta section 1.603 of the Revenue aad Taxation Code by a membe~r ar altEmate member o~ an assessment a~pea~.s board shal~. ba heard before an assessment appeals board pane~ consisting of three specia~. a~.ternate assessment apgeals board membexs appainted•by ozder of th,e presiding judge of ~he superiar cou~t in the county in which the agglication is £~.1ed. b. A special a3.~exz~.ate asses~~ment appeaJ.s board member map hear onlp the app~ication or applications ~or equaiizati.on set forth in the superior cou~~ order appointimg such member. c. Any person sha3.]. be el.igib~e for appointment as a special alterna~e assessmen~ appeal.s board mem~er who is a resident of the county i.n which th~ application is f~.Ied and wha is a parson the presiding judge of the superior caurt has reason to believe is possessed of campe~ent know3.ec~ge of property appraisal. and t~atian. d. Sect~.ons ~b24.1 and 1624.2 of Che Revenue and Ta~atioz~ CodE si~.all 6e appl~.calale to ~he appofntment ot a spec~.a3. assessmen~ appeals boaxd member. Rule 3~8.6 (Ca~.. Ad~u. Code) ~ 11. SELECTION OF BOARD CHAYRMAN. The Baard shall s~iect ome o£ i.ts mem- bers to act as G`haixman and preside over a11 hear~.ngsa This ~unctzan may be rotat~c~ am.ong Board mami~ers. The Chairman shali ex~rcise such control ovez ~he hearings as ~.s ~easonable a~~ necessary. He shal7. make a3.I ~xlings regarding proc~dura~. matte~s and ~he admissian ox exclusion af evidaace. Ru1e No. 314 (Ca1. Adm. C~de} Z2. 4IIO~tITM AND VdT~ REQUIRED. No heaz~.ng be~ore the Baaxd sha1~. be held unless a quorcmm consist~.ng o€ a ma~arity of tk~e Board is gresent. Except as oth.erwise provided in Sect3.oa 20, no deterr~ination ar orc~er sha1.I be made by the Boazd by less than a ma~oxity vate o~ all the members of the Bosrd. Only thase members who have been in attendance througfiou~C the he~ring may vote on ~he decision, I~ a he~xing takes place betore a Board consisting of an evem number of inembers anc~ theq are unable to reach. a ma3ority decision, t~.e appli.ca- tion shall be rehear~ befnre the full Board. In any case wherein the he~ring takes glace befare ~.ess than the fu1Z Board, the parti.es may stipulate that the absea~C member ar members may read or ot~.erwise famil3arize himseZf or th.emselves witi~ the recoxd and participafe in Che vote on the aecision. Rule No. 311 (~al. Adm~: Cade) 13a PROCEEnINGS RECQRDID, All hearings of th~ Board sha3.l be e].ectroni- ca3.ly reco~ded ua~.ess the applicant requests a stenograpi~ic repor~Cer. The stenographic reporte~ sha11 be at ~he expense of the applicant, If the applicant desires the C1erk ta arraage ~or a repor~er, the request sha1.I be submi~~ed to the C~.eric in wri.ting at Zeast five (5) days before the heari.ng, $75 sha11 be depasited wit~i the County C1e~s also five {S) days prior to the hearingo If transcript is req~ested by the applicant, tha appl~.cant sha1l pay for an orig~.na3. and one copy, end the orzginal and one copy sha11 be fi~.ed with the Caunty C~.erko Any person may purchase a tran.script of the proceedings upon payment of the cost ~hereaf. Any request for a~ranscxipt of ~he pro- c~ed3,ngs must be made withia sixty (60) days following the date of the ~inal determinat3on o~ t~e B~-rd. The Assessar or the Countr may reqaest a~epor~er at the coat of the Cou .1. Rule No. 312 (Cal. Adm, Code) - Sec. ~611 (R & T Code) 1~, ORI}ER OF ~RES~:NTATION. a, Hear~.ngs or~ applica~ions shall proceed as follar~rs: 1. The C1e~k s~sll annouuce tf~e n~mm~ex o~ the app3.3cation and th~ name v~ the ~ersnn af~~ected, The Chaix~aan sha3.1 then deterniine if the person affected ox his ageat is gre- sent. I~ aeither is present, ~he Chairman sha7.1 asceztaixt whether the C1ex3c has notified Che a~plicant of the t~me and place of heeri~g. Tf the nat~.ce has been given or wa3ved and neither the person affected nor his agent is present, and there is no stipu~.ation as to the ful]. cash value and assessed val~e af ~he proper~y on fi1.e wi.tt~ the Bo~rd, the applicatiaa shall be deaied for Iacic o~ ap~eer- anc~ ar for goad ~cause o~ which ~he Board is ta.me3.y in- formed, ~he $o~rd may pos~pone t~.e heariugo It the notice has aot been givea, ti~e heari.ng sha1.3. be set ~by ~ti~e Cleric for a 1.atex date and ~he C1.erk sha1.1 gi.ve proper notice thereof to the applicsnt. 2. If the applicaat ar his ages~t is present the Clerk sha3.1 then announce the na~ure of the application, as it a~pears on the Ioca~. rnll and ~i~e op~.aioa of the person affected as to tf~e full value of ~he prapexty. 3. I~ ti~e application is for equa~.ization o~ the ~ssesse~ vslue of the prope~ty. The Chairmsn sha~1 then ascer- tiain if a wriCten s~Cipula~ion as ~o ~he fu11 cash value and assessed value o~ ~he property has been filed with ~he Boazd. In the errent a stipuZatioa has been f~.led . with the Bosrd, and such stipula~ion is signed by the Assessor, ~he Countq IegaZ advisor on beh.a~f af the Coun~y, and the person affected or his agemt making ~he appli.cation, and it sets forth ~he Eacts upon which th~ ch~age in va~.~e is premised, the Boarc~ may, at a pubZic h.earing; f. accept the stipuZstion, waive ~he a~pegrance o~ ~he person affected or his agen~t and ct~ange the ass~ssed va~.ue in accordance with Section IfiIfl.B of the Revenue and Taxation Code, or ii. re~ect t~e stipul.ation and reset the app3.i~ation for he~ring. Sec. 1&07 (R &'~ Code) b. The Chairmansha3.1 then require the apglicant or his agent to pre- sent his case to the ~aard, excep~ when the hearing involves a penalty portion of an assessmexit oran. assessment for which the assessor ~ias given no~Cice pursuant to se~tion 345.5a Zf the applican~ fails ta presen~ e~idence of value. of ~he praperty, the prestmn~tion set farth in secti.oa 321 (a) applies and t~e Baard shell no~ require the Assessor ~o present h3s casee -10- . ~ .__...... _. ---- _ _ _ ... _ c, Whea a hearing involves ~he assessment of an~owner-occupied single- family dwelling, amd the applicaat has caalplied 'w~~h section 305 (c) and, ~f applicab~e, section 305,I, then the p~es~mptian in section 321 (b} appliesa In such iastances the chairm.en sha11 reyuire the assesso~ to prasen~ eppraisal data that suppor~s th~ fu~~ value he has detexm~ned £ar the property subject of the hasring. d. Whea a hear~.ng invalves a peaalty portian of an assessme~t or an assessm~nt for which the assessar has given notice pursu~nt to sectiaa 305.5, the assessar shall present his evidence notwith- " st~nding the ~ai~ure of the assessee or his a$ent to present evi.dence, ta appear, ar to request postponeme~~ of the hearingo eo AlI ~89~1mO~q sha~Z be taken under aath ar affirmation. £. The hearing need nat be cQnducte~ according to technical ruies r~- Ia~ing ~o evidence and witnesses. Any relevant evidence m~y b~ admitted if i~ ~s the sort of evide~ce on which responsible perso~s are accustamed to rely ia the conduc~ of serious affsirsa Failure to enter timely objection to evidence cons~itutes a waiver o~ ~he ob~ectioa. The board may ec~ only upan.~he bas~s of evidence pxoperly sdm.itted iato ~he r~cord. A full aad fair hearing sha11 be accorded the applicatio~. There sha11 be xe~sonable oppor- tunity fox ~he pr~seata~ion of evidence, far the cross-exam~nation a£ all witn~sses, f~r argumxen~, and for rebuttal. Z'lie board mgy ao~ consi~er ~I~e findings and reco~aeadation af the Chief of the Office ~f Appraisai Ap~eals or the order of the Sta~e Baard of Equalizatioa made with xespec~ to progerty gursuant to sect3ou 18I6.2 of the Revenue and Taxa~ion Code. g. ~When the assessor requests the bo~rd find a higher assessed va~.ue than he glaced an th~e ro11 and of~ers evi.dence ta support the higher value, the cheirman sha11 determiae whether or not the assessor gave notica in wri.ting to the applicant or his agent by persoual de3.ivery or ~y depasit in the~f7n~.ted Sta~es mail directed to ti~e address g~.ven an the applica~ion. If not~ce and a capy of ~~e ~vid~;nce offerad has been supp~.ied at 7.east ~.0 days prior to the hearing the assessor may iatroduce such evidence at tihe hearing. 7.'h~ foregQing natice requirement sha11 not prohibit the board ~xom a f~.nding of a hig~er assessed value whea it has ~ot been requested bq the assessar. h. Hearings shall be open except that i. Upva conc7.usion fo the hearing, the boar~ may take the mat~er under aubmission and deliberata in private i.n reaching 8 deC~.3i0I1~ a~d 2, The board maq gxant a request by the app~i.csnt tn close to the public a portion o~ the hearing relating to tra~e secrets. Such a req~xest may be m$de by filing wi~ts the clark a declarati.on under pena~ty of perjv.ry that evidezce is to be presented by the applicant which relates ~o trade -ll- secre~s whose disc~osure to the public wi~l be detr~msntal. tothe business ~ateres~s of the owner of the trade secrets. The decl.aratian sha.ll sta~e the es~ima.ted t~.me it ra~1.l take to present the evidence. Oniy evidence relating to the trade secrets may be presen~ad during ~he tifine ~he hearing is clased, and such evide~.ce shall be confideatial unless o~herwi.se agreed by the apg3.icant. Ruie No. 313 (Ca1. Adm. Code), Sec. 167 (R & T Code~, Sec. 1609.4 (R & T Code) 14.1. EVIDEHCE a. AI.1 testimony sha].~, be Cakan uuder oath or affi~ation. b. ~'he hearing nead nat be conducted according to technical rules re~.ating to evi.dence aud witnesses. Any relevan~ evidence may be admitted if i~ is ~he sort of e~r~dence on which respoas~.ble persoas are accustamed to rely zn ~he couduct of serious af~airs. Fai~.ure to enter tim,e].q objec~ion to evidenc~ consti.tutes a waiver o~ ~he o~ject. The Board may act only upoa the basis o£ evidence proper].y adm3.tted into th~ record. A tull and ~air hea~ng sha].1 be accorded the agp3.i.cation. '£hera sha11 be reasonab~.e apportunity for the presentatian of evidence, far the cross-P~~m~natian of a1.]. witnesses and for argu~ent, and far rebuttal. The $fl ard shali not consider ~he findings reco~endation of survey a~pra~.sal.s made by the Sta~e Board of Eqna3.ization pursuaz~.t to Section 1815 of the Revenue and Taxation Code, or the fiadin.gs a.nd recom~mendations of the Chief of the Office af Appraisal Appea~.s or the order of the State Board o~ Equa].izatian made with respect to property pursuant to 5action 1816.2 of the Reveaue and T~atioa Cade. c. I~ is conclusa.vely presumed ~hat the ratio of the assessed. value ~o the £u1.1. cash va~ue in the Countp is not more than 3.~.5 percent of the latest pzeliEninary or fina]. ratio detera~.ned by the State Board of ~qual.izatioz~ pursuant to Se~tion 3.815 of the gevenue anc~ Taxation Code. Sec. 1.609 {R & T Code) ].5. I,.EGAL COTJDI5EL FOR APPL~CaNT AND ASSESSOR. The g~rsvn ~ af~ected artd the Assessor may be represented by Zegal caunse~., except that when an assessment p~oCest is heard by a Hearing Officar, the Assessor may have I.ega]. counsal only i,f thE applicant is reprasanted by an attorney. ~ule No, 31G. (Ca3.. A~m. Code) ~ ~.6. EXAMINAT~ON OF PERSON AFFTCTED BY BqARD. Except as hereinafter provided no zeduction of ax~. assassment shall '~e made unl~ess the board exami.nes , on aath, the applicanr or his agent tauching the vaZue o~ the praperty, and the applicant ar agent attends and answers all questions perti.nent ~o rhe inquiry. a. In the event there is filed witin the Board a written stiaulation, signed by ~he assessor and countq 1ega1 adv~.sor on bahalF of the county and the pe~son affected 4r the agent maki.ng Che application, as to the ful.l cash value (fair mar~Cet value) an~. assessed va~ue of the prope~ty, w~ich stipu3.ation sets forth ti:e fac~ upor_ . _ - --- -- . _ ... . ... _...._ ..... _ . - _. _, ., __ ._ ... .... __, . ..... _. - . j ~_..... ~_._..._... which the zeduc~io~ ~n value is grean3sed, ~he boerd may, at a pub~ic hear~ng, 1. accept ~~e stipulatioa, waive the appearance of the person aff~cted or the agent and change ~he assassed value im ` accor~ance w~th Sectian I610.8 of the Revenue and Taxa~ion Code, or, 2. reject the st3.pula~ian or set or reset the appl~.cation £or reduct~.on of hea~ing. b. The lsoard may in its discretion, waive t~e exa.mination af ~he appl.~.cant or his agent if the baard and ~he assessor are satisified that the issues raised by the app]3catioa and the facts pertaining ~hereto hav'e been fu11y cansidered by the board in previ.ous years or ful.~.y presented in thr: application, and if the appl3.cant or his agent reques~s su~h waiver in his application. 'I'he Board sktaZl coasu].t w~.th the assessor and sha~.l. act promptly on anp request for waiver an~ given written notice af its decision withiz~ ren days o~ the fil.ing of the app~ication. ~f the board wa3ves the examination of tl~e applicant or his agent, it sha11 decide the casa on the merits of the application. RuZe 316 (Cal. Adinin. Code} Sec. 1648 (R & T Code) ~7. • PERSOI~AL APPEARANCE BY PERSON AF~'ECTED : APPEARANCE BY AGEI3T a. The person affected who caused the application to be fi~ed must appeal personal~y a~C ~he hearing and nat ~hrough an agent. The appearance of the person affected at the hearing may be excused by the Board, and an appearance made on his behalf by an, agent, upon the filing of an a£fidavit or dec~.aration under p~nal~y of perjurp g~.ven by the person affected s~.ating tha~ he a.s ei.ther absent fro~ the count~r or unable to appear by reasan of illness. b. Any person, other than an attotney at ~aw, purporting to act as agent for the applicant stiall prior to the hearing fi1.e urith the c~erk written authority Co represent th,e applican~ at the hearing. , An appearance by an aff~cer~or employee of a corporatE a~p3.icant or by a rala~~ve mentiaaed in Section 32Q raquires no written a~thorizatiou. Rule 3~.7 (Ca1. Admf.n. Code) 17.~. PRESENCE 0~ ASSESSOR. Tha assassor ia person or _~~roug~ a deputy sha11 attend a11 heax~i.ngs of the county boarc~ and may make any sta~ement ar produce evidence on taatters betore the caunty board. Sec. 1610.2 {R & T Code) ~7.2. PROPERTY ~N CaMMON 4WNERSHIP. If the praper~Cy is held in joint o~ connnon ownership or is co-ownership, the presence of the app~ican~ or any one of the owners sha~.l cons~i~ute a sufficient appeararcce. Ru1e No. 31$ {Ca1. Admi.n, Code) 17.3, APPE.°.RANCE BY MEMBERS OF FAMTLY. A husband may a~pear for h3.s wife, or a wife for her husband, and sans or daughters for parents or vice versa. -13- _ _. .._...... . ... ............. ___ __ . ........ .....~. ,.. ..___ ___~.,..... Rale 320 (Ca1. Adm. Code} ~,g. ~,ppgARAI3C~ ~Y CORP~RATION. Where the person affected is a corporation, the corporatioa sha~.l make its apperas-ce through a duly authorized officer or employee of the corporation. Rule 319 (Ca1. Adm. Gode) 19. BURDEN ~F PR~OF. a. The Iawgresua~es that ~he assessor has properly perfarmed Iiis duty a.n.d has assessed all properties fairly and u~an an equal basis. The effect of this pressamgtion is ~o impase upan the applicant ~he burden of praving that ~he proparty in question has aot been corxectly assessad. ~he 3.aw requires that the applicant pro~~e~ ~o present independent evidexx.ce r~levan~ to the fu7~i value of the prapertp. The assessor has the burden af establishing the basis fo~ i.mpositioa of a penal~y assessm.ent. 13o greater relief may be gra~.ted ~han is lust~.fied by the evidence produced. b. An ex~eption to (a) above_ appla.es in_ anq heara.ng inva~.ving the assessment o~ aa owner-vccupied 5~.ng3.e-tamily dwell.ing. In such instances the presumption in s~ction 167 af the Revenue an.d Taxation Code affecting the burden of proof fn favor of the taxpayer or assessee who has supplied a3.1 infarma~i.Qn to the assessor as required by law imposes upon the assesso~ the duty of xabutting the presumption by the sutamissa.on of evidence supporting tihe assessment. ~, in the case of a hear~ng ariszng unc~er se~ta.on 305.5, the burden o~ rebu~t~.ng the presumpt~on se~ €orth in that section rests on the assessor. Ru~e 32~. (CaI.. Adm. Code) , Section ~.67 CR ~~ Cade~ 20. PAYMENT UNDER PR03'ES'~. a. If the assessor does not send a notica pursuant to Section 619 ~ or Section 620 ~o an assessee whose property was not on the gx~or year's secured ral1, or to an assessee of real praperty an the local secured ~a3.1 whose pxoperty`s ~ull value has increased, then such assessee may pay ~ax~s nndex protest. If payments'are made in ins~allme~ts, the protest aeed not be repeated with the second insta].~.meat. Protests shaYl be made by filing with the ~ T~ Coll~ctor, together with th~ pay~nent of the taxes or t~heir first instal~meat, a, petita.an for assessment zeduction on the form prescribed by the baard, which form th~ callector is to faxward to the cleric ot the board, with the notation that ~axes were paid under protest pursuan~ to this section.. ~h~ board may, after raceipt of the getition fram the tax collector, hold a pubZic hearing at ~he next ragular baard meeriz~g, notice o~ time and place af which shall be sent to t~e person payi.ng the tax under protest at the address stated in the protest or if no such address i.s stated, ~hen to the address of ~he assessee according ta the ~.ast equalized assessment rol1. If the taxes are so paid and the assessee has not previously applied for a red~ction of the assesstrsent. ~he board at i~s next annual meeting shall thereupon equalize such assessment in the manner prescra,bed by Artic3e 1(cammencing with Secti.on 1b01) of G'i~apter 1 of Part 3 of the Revenue and Taxa~ion _ ___ . _ ~.~., _ _ _ ... .... ,. . - __._.. ---Code.... . ._.~. .,:._ _ ~ i- . . b. ~he t. rate tixed *or propertq on the 11 on which t~e property so eqna~ized anpears at tne ~i~e of it~._;riginal assessment shall be applied Co rhe amo~nt of ~he equalized assessment, determined in accordanc2 with the pxeceding paragraph. In the event Chat the resu~~zng figure is Iess than the tax theretofore computed, the taxpayer shal~ be liable for Cax only for the lesser amount, and the differenc2 shall be canceled, If the taxpayer has already paid the tax previouslq computed, such dirference shall be refunded Co him pursuant to Chapter 5(cammencing with Sec~ian 5096) of Part 9 of Che Revenue and Taxation Cpde, as an arraneously collected tax. c. xf anq ta.xes are paid under protest pursuant to this section, the Caxiag,agency to which the taxes are paid may, i~ acco~dan~e with Section 259Q5.1 of the Government Code, i~~ound su~h taxes until Che final dispostion o€ the cZaim or action respectina the protest. ~o such i~pouading is raquired. Section b20 (R & T Code} 21. SUBPOE~AS. ~C t~e request of tha pe~son afLected ar ~zs agent or the assessor zn advance o£ th~ ~earzng or at the ~ime or the hearin~ the board o~ the clerk on autharzzation from the ooard sha~l issue subpoenas for ~he attendance ot caitnesses at the hearing. The board, on its own ~o~ian, ~av issue, or aur~orize tha clerk to issue, a subpoena. I~ a subpaena is ~ssued at the request of t~e person affected or ~is agant, he is respoasible for serving iC and ~or the ~ayment of witness fees and ~ileage, rln application for a subnoena for the ~roductzon o= baoks, records, maps, and documents shall be suoported by an aftidavit such as is pr~scribed by Section 1985 of the Code of Civil Prv~edur2. ~o suppoena ~o take a degosition shall be issued no~ 5~aii deposiCions ~e considered ~o~ any pur~ose by the board. ~ Rule 322 (Ca~. ~dm. Code), Sec. 1609.4 {~ & T Code) 21. ~. SUBPOE~AS : ST2~TE BO~RD ~IPLOYEES . a.. Wha~iever an emp3.ayee ot the board a.s aesired as a*.a~.tness bezote a county board in a hearizg on a.n applicatian €or ~educti.on, a subpoena requi.ring his attendance ~nay be served bv deliverin~ a copy eitf~er ~o the e~p7.oyee personallv or to t~ie eY~cutive sec~etarv of the board at his oEfice in Sacramento. b. The emplayee shall at~end as a witness as required by the subpoena, zegardless of Che distance ~0 1oe traveJ.~d, provided r~e subpo~na is accompanied by £ees paystrle to che Statz Baar~ of Equalization in the amount of two hundred dollars (5200) per day £or aac?~ da;r that such employee is required Co reraain in. att~ndance pursuant to such subpoena. Such fees are Co qe oaid by the pazty requesting tf~e suhpaena. c. The employee shall recei.ve the salary or other compensation to which he is narmally entitled durir.g the ~i~ne ne ~xa~rels to and froui the place where Che nearing is condu~ted and c,rni~.e he is required to remain a~. such place pursuant to such subpoena. ~ie shall alsa receive usual and customar-~ travel expenses and per diem. I~ the acrual expenses shoul.d later prove to he less taan the amount paid by the party, the excess shall ~e refund~d by C~e board. d. In the eve*~t the employee is subpoenaed at t;~e req,uest of t~e appLicant and the countv board grants a reduction in the ass255:ne~C, the county board may reir~burse tHe anplicant in whale or ir~ part for Che actual witness fees paid pursuant to t[~is section. e. Anq person who pays or offers to pay any ~oaey or other farm of considera~ion for the services of any emp~oyee of the board requirad to appear as a witness, other ~han the compensatio~ provid~~ ~n th~s section, is gu~.ity of a misc~emeanor, and any emp~.~yee who receives any such ~ayment is guilty of a misdemeanor. Sec. ~b09.5 (R & T Code) ~2.. CONT~NUANCE. The board mag continue a hea.riag to a la~er date. If the ttearing ~s continued, ~he chairman or the c].erk sha11 infor~n the person affec~ed or h~s agent and the assessor of the ~ime and place of such further hearing and no furthe~ notice ~hereof need be given. Ru1e 323 (Ca~.. Adm. Code) 23. D~CIS~ON. a. Acting upon the evidence properly before it ~he board shall deterizae the fu11 cash value* of the property wi~ ch is the subjec~ o~ the hearing, a~d shall des3gnate the ratio ~o be applied thereto, which sha1Z be the ~.awest of the rat~.fls provided in sectian 3.6Q5 af the Revenue an.d Taxation Coda. The detarm~aatioa of the ful~ ca.sh value~ shal.l be supported by the weight of the evidence at ~he hear~.ag. b. Whea an applicaa~ requests a reduction in the assessed value of a portion af ~. improv~d real proper~y (.e.g., 3.aad aniy or improvement5 oaly) or a gor~tion of instal3.atians which ara part~.y real. property and partly persanal. propertp (e. g. , an~.y the ~.mprovement por~ion or on~.y Che personaly prnperty portian o~ machine~y and equipment~, whe~her the reductian is requested or~ grounds of va~.ua~ian, on gxounds af m:iscla.ssifa.cation, or for any other cause, the board shall maka a determ3.nation af ~he fu~I. cash va].ue of the w~al.e property and sha~l qrder a change in t~e assessad va3.ue of the part onl.y if the assessed value of ~he whol.e requi.res equalization, or sha11 adjust the value of the parts so that each is equa~.ized and the value o£ the who~.e propertp is acco~nted for. ~. The boazd s~a1.~. be bound ~y the same pxixxciples of evalua~~.on that are 1.egal~y appl.icable ~o ~he assessor. d. The Board shall, neither ~~ise nor I.ower the entire Zoca3. roll. e. Whe~ written ~indings of f act a~e made, they sha11 ~a~riy disclose the boar~'s ~indings on a11 ma~Cerial poin~s raised in the app~icatian and at the hearing. 'I'kce tindings shal~.~also include a s~atement of the method or methods of valuat3on used in determining the ~ul.~. case val.ue of .the property, and shall be made timelq after the hearing. f. A decision that changes the va~ue ~.a which a pres~ption had pre~iousiy attachec~ pursuant to section 3Q5.~ to a value diff erent from ~he assessor's latest ~ind~ng of value as reflected by the assess3nent on the roZ1, or from that recommended, proposed, or stipu~ated to by ~he assessar for the year the decision is made, sha11 raise a new two-year presumption attaching Ca the value established by the decis~.on. . . _........._.. - --- ~m.._. - -- - -__.._.. ..... . ~ ~ _ ,,. ~. . . ____.. __ _ ! $ ~ ,.. . . g. It is conclusiveiy preszuned that the xatio of the assessad aa.l.ue to the fu~l cash value in tha coun~y is noe more than Z15 percent. of the latest preLimiaary or final ra~ia detern~ned by the State Baard of Equalizatian pursuant tc sectian i8~5 0~ the Revenue an~ Ta~sation Code. ~ h. When val.uing a property by com~arison wi~h sales of othar propert~.es, the board shall consider on].y ~hose sales which in i~s judg~nent ~ are suf£iciently near in time to the ~.ien date, are located sufffc~.ently nea~, aad are suf~iciantly a1ik~ ~.n res~ect to character, s3.ze, situa~ian, usahil.ity, zoniag or o~h~r ~ega~. restric~ion as ~fl use, to the property being va3.ued, to ma.ke it c~.ear that the properties sold an~ the prope~rty being valued are comparable in value and that the cash aqu~va7.en~ price realized far ~he properties sald may fai~ly be coasidered as shedding ].zght on the value of the property be~ng valued. Pursuant to se~tion 402.1 of the Revenue and ~axatian Code, the board sha11 prestune that zoaing or other ].ega1. restxictions on the use o£ eithex the properties s~ld or the property 1~eing va].ued wi.Il not be ramoved or substantiall.y modified in tl~e predictabla futuze unless sufficient grounds as set forth in that section aze p~esented to the board to avercome that presumption. *The te,rm "~ull cash vaZue" sha~.l mean restricted value when the property being valued is subject to assessme~t pursuant to Artic].e XZII, seczio~ 8 of the Califor~ia Constitution. Ru1.e 324 (Cal Adm. Code~ 24. I30TTCE OF AECISYflN. The Board may announce i~s ~.ecision ta the person affected or his agent and the assessor a~ the conclusion of ~he hearing, or it may take the matter under submissian. If the matter is taken und~r submission, the clerk shall notify the person affected in wri~ing af Che dec~sion of the board by ETn~ted States mail addressed to the person. affected or his ageAt at the addxess designated in the applicatian foz mailing notice. If the decision is Co inc~ude fiadings of fact, the clerk shal]., prior to sencIing notice o~ decision, send the assessar and the person affected or his agent the proposed fi.ndings of fact together with a s~atetnent that unlass written ob~ec~ions to the praposed f~.ndings are raceived w~.thin ten (].0) days of ~he date af mailing, the proposed findiugs wi1~. be ~a.de a part of the decision. ~f abjections are received within the ~.0-day period, the clerk shall su~mit them to the chai.rmaa and shal~ send no~ice af th~ board's dec~.sion and fiaal findings as and when directed by the c~iairman. The clark shalZ give the assessor wra.tten notice of al.l ma~ers of which notice is gives Co the pexson affected or his agent purst~ant to ~his ru~e. Rule 325 E.Cal. Adm. Code) 25. RECOI~STDERAT~ON AND REH~AR~NG. The decisian of Che Board upon an app].~cation is final. ~he boaxd ~hali nat reconsid~r or rehear an application except when it is de~e~m3ned by the baard, with the approvaJ. o~ ~he county 3.ega~ advisor that the person a~fected ax ~he assessor wras denied a fair and adequate heari.ng. Ru1e 325 (Cai. Adm. Code) -17- __.... --___.. .~..... _ _.. .._,.. ._ -._._... _. _.. ____~...€.~.~. _..._. 26. MpTIONS. A1.Z decisions of tha Baard sha11 be made by motian carried by a ma3ority af the board members present and voting. Matians sha~l not requi.re a second. ~he chairman inay make a uiotion. ~ 27. S~ATY-DAY APPEAL P~RIOD. An appeal ~rom an assessment made outside the regu3.ar assessment periad, shall be made no later than b0 days after ~he assassea has been notifiac~ thereof persona~~.y or bq United States a-ail a~ his address as contai.ned in th~.o~f~c3.a1 records of the county assessor. Se~. 1605 {R & T Ccde} 28. EXCHAI3G~ OF IHFORMA'~IOI3. _ a. RE UEST FOR ~NFORMATION. When th~ assassed value of ~he property z~.volved, before deduction of any exe~ption ac~orded the pxoperty, ~g ~iao, Q(b ar less, the applicant may fi~.e a wri~ten request for an exc~saage of intoxmatioa with Che assessor; and when the assessed value before deduction of any exemption e.~ceeds $1.00,000 either rhe applicant ar ~he assessoz may request such an exci~ange. The reques~ may be ~i1.ed with the clerk at the Cime an application for hearing is fi~.ed ar may be submitted to the o~her party at atay ~ime prior to twenty (20} days before ~he co~encetnent ot th~ hearing. The c1ar~C sha11 immediarely farwazd any requast filed with his offica or a copy the~reof ta the other party, The request shall contain the basis of the requestiug party's opinion of value anr~ the follora~ng data: 1. COMPARABLE SALES DATA. I~ the apinion of value is to be su~ported wi~Ch evidence of compara~ile sales , the prop~rt~.es so~.d s~al]. be described by ~he Assessor7s parcel number, street address or legal : description sufficient ~o zdentify Chem. With x~gard to each property sold ther~ sha11 ~e presented t~Ze approximate date of sale, the price paid, the ~erms ~f sal.e (if kn4wn) and the zoning of the prapertq. 2. INCOME UATA. If the opinion of value a.s ta be supported with evidenc~ based on an incor~e study, there shall be pres~nted: the gzoss income, the e~enses, and the capitalization method and rate or rates amployed. . _ 3. COST ]}ATA. If the opiniaa of val.ue is ~o be supported with ev.idence of replacement cost, there shal.l be presantec~; A. With regard to ~.mprovemen~s to real property: the da~e of constructio~t, type of canstructian, and ~eplacement cost a~ construction. B. Witt~ regard to machinery and equipment: the date of a.nsta~.lation, replacement cost, and any hi.story o~ extra- ordinary use. C. With regard to both i~provecaents, and machin.ery and equipment: facts relating ta dapreci.ation, including any ~unctional or econamic abso~enscence, and remaining econamic life. _--1. R.- . _ _ _ _ . _.. .. . _ _ b. TRANSMITTAL 0~ nATA TO OTH~R PAR'~X. If the pa~ty requ~sting an exchange of dara under ~he preceding subsect~oa has su~nitted t~e data required therein wj:thin th~ specified ~zxae, the other party sha~1 mail a response at ~east 1~ days priox ~o the hearing. The response shalZ be supgoxted with the same type of data required of ~he requestiing party. Whea the assessor is the respondez~t, he sHall mail his respvnse to the address showa on the application for hear~ng. c. FROHIBIT~D EGIDENCE: NEW MATERTAL: CONTINETANCE. Wheaever information has beea excltaaged pursuant to this sect~oa, th~ parties may introduca evidence only oa matters so exchanged nnless the other paxty cansen~s to introduc~ion o~ other ~~~.dence. However, at ~he hearing, each part~r ma.y in~Crod~ce new materia3. relating ~o the information rec~ived from the other par~y. If a party introduces new materia]. at the hearing, the other party, upon reqnest, shall be grauted a continuance for a reasonable geriad of timQ. Z~. RECf}RD. The c].erk si~a11 record, in a book kept for thar puxpose, a3.1 ~hanges a~zd orders made by the board and, no Iater ~han the secand Monday of each raonth, sha11 g~epare a separate statement listing aI1 such changes inada duriag th~ precad3~g ca~enda~ manth. Sec. k612 (R & T Code) 30. CHANGES ON RQLL. After five days succeeding ~he time when no~ice of the date when the maeter wa.11 be investigated is sent by the clerk of the board to a7.1 persons interested, ~he board ~ay direct the assessor ~o: a. Assess any taxable property ozher than 5tate assessed praper~y that has escape~. assassment. b. Change ~he amount, nwnber, quaatity or des~ription af property on the ~.ocal roll. c. Ma.ke and entar new assessments, at the sa.me tzme cance~izag previous entries, when any assessment made by him is deemed by the board sa incamplete as to render doubtful the collection af the ~ax. Sec. 163.3 (R & T Code~ 31. DELIVERY QF R~LL TO AUD~TOR. Oa the second ~Sonday af eacfi month the clerk sha11 deZiver the state of a].~ changes made 3iy the hoard during the preceding calandar month. to the auditor raith an affixed affidavit, s~bscribed by him, as £ol~ows: "I , swear tha~, as Clerk of the Baard of Equaliza~ion of Bu~~e County, I have kepC correct minutes of all the acts of the board during the month of , , touching alterations ~.n the assess~aen~ roll, that aIl alterations agreed to ar directed to be made have been included in the a~tached statement and that no other alterations ar~ included therein." Sec. 1614 (R & T Code) -~9- -.... ~. _ ~ - _ __ __ _.. _....._... __ ___...~.. ... ........._ _ , . ~ , 32. HEARING 4Fk'~CER ~ ROCEDLTRE. Hearings betore an assessmeat hearing officar sha11 be couducted pursuant to ~he prov~sions of Article 1(commencing with Section ~60Z) of this c~apter gvver~.ng equalization p~oceedings bq a couaty baaxd of equalization or an assessmeat appeals board. The assessment hearing office~r may canduct hearings on appliCations whera: a. The appli.cant is tha assessea and has filed an appl.ication under Section 1&07 Revezzue anc~ Taxation Code; b. The ~ota1 assasse~. val.ue of the property under consideration, as showrz on the current assessment roli, does not exceed one hundred thousand dolJ.ars ($10d,004} ar ~~e propertq und~r consideratzQn is a singl~-family dwelling, condami.nium or coopera~ive, or a multiple- fami~.y dwel.ling of four un~ts or less regardl.ess of value; a.nd c. '~he a~pl~,caat has requested that the hearing be he1.d before an assessment hearing officer. Se~.. 1,637 (R & T Cade) 33. CONDUCT ~ND REPORT 0~' HEAitING OFFZCER. The fiearing of~ic2x sha~..I conc~uct ~he hearing and sY~aZ3. prepare a su~ary re~ort of the proceedzngs together with his re~o~endation on the assessment protest. The hearing of~~icar s~all transmit his ra~ort_and recommendation to ~he clerk of the board of su~ez-v~isors. 'The repart and raco~eadation sha~.l no~ constitute preced~.t far ~uture proceedings initiated hy the ap~Iicant or ather app3.icants. Sec. Z639 (R & '~ Code) 34. ~LAC~ OF HEARING. ~he hearing ot~icer will hoid the hearings in your area (Chico, Orovi].le, Paradise). . 35. H~~NG OFFTCER'S REPORT: The clerk sha11 transmi.t by maiZ Co tihe ~ protesting party and shal,l transmi~ to the assessznent appeals board ~he hear3ng officerts repoxt and xe~pnanenc{ation an the as5essmeat protest. The protesting paxty shall, be ix~formet~ that the assessmeat appeals board i~ bound bp the recommendation of the assessment hearing officer. Sec. ~64~ (~t & ~ Cade) 36. DECISION ON S~.ARI~TG OFF~CER' S REPORT. Upon the reco~-mendation of an assessme~xt hearzxtg offi~er the assessment appeal.s board shall establ.ish the assass~d va].ue of th~ property a~ the va3.ue recommanded by the h~aring flf£icer. Sec. 1641 {R & T Cade~ - 20- _........ _. . ..~__ - - --- .... ....... ....... . . _ . _ _._... . - - -. _....