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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
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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.
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