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HomeMy WebLinkAboutR04-100 Amending Rules and Procedures for Arbitration • y,� t Commissioner , � C% `z moved adoption of the following resolution: BOARD OF COUNTY COMMISSIONERS COUNTY OF EAGLE, STATE OF COLORADO RESOLUTION NO. 2004- /0 AMENDING RULES AND PROCEDURES FOR ARBITRATION AND REAPPOINTING ARBITRATORS FOR APPEALS FROM DECISIONS OF THE 2004 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, on September 16, 2003, pursuant to Resolution No. 2003 -114, the Board duly adopted certain rules and procedures for arbitration (hereinafter "Rules and Procedures ") and duly appointed certain arbitrators for the appeals process from the County Board of Equalization; and WHEREAS, the Board desires to amend those Rules and Procedures previously adopted through Resolution No. 2003 -114, as set forth in Exhibit "A" attached hereto and incorporated herein by this reference, in order to clarify the responsibilities of the parties involved and to ensure compliance with the law; and WHEREAS, the Board has considered the qualifications of the persons interested in acting as arbitrators for the appeals process, and desires to make certain reappointments for arbitrators at this time; and NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO: THAT, the "Rules and Procedures" adopted pursuant to Resolution No. 2003 -114 be and are hereby amended and such amended "Rules and Procedures" are set forth in their entirety and attached hereto as Exhibit "A." THAT, the following persons be and are hereby reappointed as arbitrators for the appeals process from the County Board of Equalization, for a term commencing immediately and continuing for one (1) year, unless otherwise terminated by the Board: • • Roy B. Howell, Jr. R. Arnold Butler, MAI 1180 2 1 3 /4 Road 300 Main St., Suite 301 Grand Junction, CO 81505 Grand Junction, CO 81501 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, ADOPTED by the Board of County Commissioners of the County of Eagle, State of Colorado, this day of September, 2004. COUNTY OF EAGLE, STATE OF COLORADO, By and Through Its a` c.' • `;BOARD OF COUNTY COMMISSIONERS ATTEST: \ 1 }' eF--gee '.` / * vat "OL.RNo • Clerk to the Bo.rd of Tom C. Sto ' hairm. County Commissioners 1 r,1? ; Mi Auk allagher, Co isi t er e ll,61, 400 , 40" Arn enconi, Commissioner 1e r p Commissioner F seconded adoption of the foregoing Resolution. The roll having been called, e vote was as follows: Commissioner Tom C. Stone Commissioner Michael L. Gallagher cj/' Commissioner Arn M. Menconi e' / This Resolution passed by vote of the Board of County Commissioners of the County of Eagle, State of Colorado. • EXHIBIT A 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 C.R.S. § 39 -8- 108.5. 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 area of property taxation, also has to be registered, licensed, or certified 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 law 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 forty -five (45) days of the County Board of Equalization's decision or within thirty (30) days from the date the list of arbitrators is made available, whichever is later, 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. In the absence of agreement by the taxpayer and the County Board of Equalization within said specified time period, the district court of the county in which the property is located shall select an arbitrator from said list. C. Oath: After an arbitrator is selected, he /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 arbitration. B. Petition: In addition to selection of the arbitrator as provided for in Paragraph 2(B) of these rules, the taxpayer shall file, on the forms provided, alovith the fees as required by Paragibh 3(C) of these rules, a Petition for Arbitration, within forty -five (45) days of the County Board of Equalization's decision or within thirty (30) days from the date the list of arbitrators is made available, whichever is later. 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 negotiation with the County and will be advanced; to be held in trust pending the arbitrator's decision. 6. The arbitrator designated by the petitioner. C. Fees: With the petition for arbitration, taxpayer shall advance $150.00 per schedule number for residential real property and $200.00 per schedule number for all other property, 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 distributed as provided in the arbitrator's decision. The fee will be either returned to the taxpayer or paid to the arbitrator, depending on the arbitrator's decision. D. 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. E. Hearings: 1. Assignment - Upon payment of the fees as outlined in Paragraph 3(C) or upon waiver of the fees as set forth in Paragraph 3(D), and the filing of the petition pursuant to Paragraph 3(B), the case will be assigned to the arbitrator selected in accordance with Paragraph 2(B) of these rules. 2. Scheduling - Arbitration hearings shall be held within sixty (60) days from the date the arbitrator was selected pursuant to C.R.S. § 39 -8- 108.5. 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. 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 interest of justice. All questions of law and fact shall be determined by the arbitrator. The arbitrator may determine time limitations or 2 make or decisions in order to conduct a fSand reasonable 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 matter 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 or with 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; however, upon agreement of both parties, the proceeding may be confidential and closed to the public. 7. Record of Proceedings - No record of the proceedings is required. F. Arbitrator's Decision: The arbitrator's decision shall be made in accordance with applicable Colorado property tax laws. The arbitrator's decision shall be in writing and signed by the arbitrator. The arbitrator shall deliver a copy of his decision to the parties personally or by registered mail within ten (10) days of the hearing. Such decision shall be final and not subject to review. 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. Findings/ summary of decision. 7. The particular schedule number in question or dispute. 8. The amount of change in valuation (showing both the land and the improvement value) of the subject property, if any. If the property value is adjusted, both the land and the improvement value should be rounded to the nearest $10. 9. The amount of the arbitrator's fees and expenses, not including counsel's fees, incurred in conducting the arbitration, and which party or both are to pay those fees. 10. A signature line for the arbitrator and the date of the decision. 3