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HomeMy WebLinkAboutR97-118 adopting rules and procedures for arbitrationCommissioner ( moved adoption of the following Resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 97 ' � )-F� � Resolution ADOPTING RULES AND PROCEDURES FOR ARBITRATION, AND APPOINTING ARBITRATORS FOR APPEALS FROM DECISIONS OF THE 1997 BOARD OF EQUALIZATION WHEREAS, pursuant to C.R.S. 39- 8- 108.5, as amended, the Board of County Commissioners of Eagle County, Colorado (hereinafter "the Board "), is empowered to appoint and develop a list of qualified arbitrators for the appeals process' of the County Board of Equalization; and WHEREAS, the arbitrators selected shall be available to property owners desiring to submit to arbitration their decisions from the County Board of Equalization; and WHEREAS, the Board has considered the Qualifications of the persons interested in acting as arbitrators for the appeals process, and desires to make appointments at this time; and WHEREAS, the Board further desires to adopt certain rules and procedures for arbitration in order to clarify the responsibilities of the parties involved, and to ensure compliance with the law. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the "Rules and Procedures" as set forth in Exhibit A attached hereto be and are hereby adopted. THAT, the following persons be and are hereby appointed arbitrators for the appeals process from the County Board of Equalization, for a term commencing immediately and continuing for one year, unless otherwise terminated by the Board: Carl W. Coates 2049 Brentwood Street Lakewood, CO 80215 (303) 238 -2261 3 Joyce I. Reid 3621 E. 50 Road Crawford, CO 81415 (970) 921 -6761 THAT, the Board hereby finds, determines and declares that this Resolution is necessary for the public health, safety and welfare of the residents of the County of Eagle, State of Colorado. MOVED, READ AND ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this of r, 1997. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its BOARD OF COUNTY COMMISSIONERS George K. G tes, Commissioner Commissioner (DnA 4Q seconded adoption of the foregoing resolutio . The roll having been called, the vote was as follows: Commissioner George A. Gates alclP Commissioner Johnnette Phillips X-- Commissioner James E. Johnson Jr. �y This Resolution passed by 3-0 vote of the Board of County Commissioners of the County of Eagle, State of Colorado. 97 -87 ARBITRATION RULES AND PROCEDURES 1. SCOPE: To give taxpayers an alternative to pursuing an appeal of the county board of equalization's decision through either the board of assessment appeals or the district court, an arbitration process is hereby implemented pursuant to 39 -8- 108.5 C.R.S. 2. ARBITRATORS: The board of county commissioners will maintain a list of qualified persons who shall act as arbitrators of property valuation disputes. Such list will be kept on file in the office of the Eagle County Clerk and Recorder. Such list will be updated or revised as deemed necessary by the board of county commissioners. A. QUALIFICATIONS: To qualify as an arbitrator, an individual - in addition to being knowledgeable in the areas of property valuation and taxation also has to be registered,. licensed, or certificated pursuant to part 7 of article 61 of title 12, C.R.S. on or after June 1, 1993,pursuant to C.R.S. 39 -8 -108.5 and shall be any one of the following: an attorney licensed to practice in Colorado, an appraiser who is a member of the Institute of Real Estate Appraisers or its equivalent, a former county assessor, a retired judge, or a licensed real estate broker. B. SELECTION OF ARBITRATOR: Within 30 days after the list is made available, the taxpayer shall select an arbitrator from the list on file with the county attorney upon advancement of fees and petition as provided for in section 3 of these rules. C. OATH: After an arbitrator is selected, he or she shall sign, file with the county and mail to each party an affirmation /oath as prescribed by the Eagle County Attorney's office. 3. ARBITRATION PROCEDURES: A. FILING: Within thirty (30) days of the mailing of the county board of equalization's decision, any taxpayer who plans to pursue arbitration shall notify the board of his intent to pursue arbitra- tion. 1 B. PETITION: No later than thirty (30) days of the mailing of the County Board of Equalization's decision, the taxpayer shall file, on forms provid- ed, along with the fees as required by paragraphs 3B, C, & D of these rules, a petition requesting arbitration. The petition shall include the following: 1. Name of petitioner. 2. Property in question - address and schedule number. 3. Type of property: residential or other. 4. Issues for arbitration. 5. Fees have been advanced, or fees are in negotia tion with the county and will be advanced, to be held in trust pending the referee's decision. 6. The arbitrator designated by the petitioner. C. FEES: With the Petition for arbitration taxpayer shall advance $150 for residential real property and $200 for all other to the County Attorney of Eagle County, to cover fees and expenses of said arbitration; said fees will be held in trust and will be disbursed as provided in the arbitrator's decision. The fee will be either returned to taxpayer or paid to the arbitrator depending on the arbitrator's decision. Please understand that it is possible for an Arbitration fee to exceed $200. D. FEES: Other Taxable Property'- For cases concern- ing any taxable property other than residential real property the taxpayer may contact the county assessor or her representative to determine an estimated fee for arbitration. Fees shall be computed at $150 per hour rate. Upon agreement and deposit of fees by the taxpayer with the County Attorney's Office to be held in trust pending the arbitrator's decision and receipt of the petition, the matter will be assigned to the arbitrator. VA E. FEES: Waiver - Any taxpayer who is unable to advance the fees for arbitration may apply for a waiver of this requirement to the Board of County Commissioners. Grounds for granting a waiver will be upon satisfactory documented proof of indigence by the taxpayer. F. HEARINGS: 1. Assignment - Upon lined in paragraphs 3C fee (paragraph 3E), ar (see paragraph 3B) the arbitrator selected in of these rules. payment of the fees as out - and D, or upon waiver of the Ld the filing of the petition case will be assigned to the accordance with paragraph 2B 2. Scheduling - Arbitration hearings shall be held within sixty (60) days from the date the arbitrator was selected pursuant to paragraph 2B of these rules. The hearings shall be at a time and place set by the arbitrator with the mutual consent of the taxpayer and the county board of equalization's representative, and the assessor. 3. Procedure - The Arbitrator shall preside at the hearing. Arbitration hearing procedures shall be informal and strict rules of evidence shall not apply except as deemed necessary by the arbitrator in the interests of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or make other decisions in order to conduct a reason- able and fair hearing. 4. Subpoenas - The arbitrator may issue or cause to be issued subpoenas for attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served and, upon application to the district court by the taxpayer or county board of equalization or the arbitrator, be enforced in the manner provided by law for service and enforcement of subpoenas in civil actions. 5. Parties'.Attendance - The taxpayer and County Board of Equalization shall be entitled to attend, personally authorized by representative or with 3 counsel, and participate in the proceedings. Such participation may include the filing of briefs and affidavits. 6. The hearings can be open to the public; howev- er, upon agreement of both parties, the proceedings may be confidential and closed to the public. 7. Record of Proceedings - No record of the proc- eedings is required. G. Arbitrator's Decision - The arbitrator's decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his decision to all parties personally or by registered mail within ten (10) days of the hearing. Such decision shall be final and not subject to review or appeal The arbitrator's decision shall include: 1. The County docket number. 2. The title of the document as "ARBITRATION AWARD ". 3. The full case name. 4. The identities of the parties who were present at the hearing either in person or by counsel. 5. That the arbitrator has found in favor of the taxpayer or the county board of equalization and against the other party. 6. The particular schedule number in question or dispute. 7. The amount of change in valuation of the sub- ject property, if any. 8. The amount of the arbitrator's fees and expens- es, not including counsel's fees, incurred in conducting the arbitration, and which party or both are to pay those fees. 9. A signature line for the arbitrator and the date of the decision. k