HomeMy WebLinkAboutR02-115 rules and procedures for arbitrationCommissioner moved adoption
of th llowing resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RES OLUTION NO. 2002-.
ADOPTING RULES AND PROCEDURES FOR ARBITRATION
AND APPOINTING ARBITRATORS FOR
APPEALS FROM DECISIONS OF THE 2002 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 Iist 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:
Peter G. (Jeff) Bowen
Deanna M. Tuley
The Investment Group
P.O. Box 1602
16006 Double Edge Drive
Avon, CO 81620
Morrison, CO 80465
970 - 748 -8673
303697 -3646
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, thisaj7j�L—day of 5Septenr�r, 2002.
u� COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
ATTEST:
County Commissioners
Gallagher,
Am M. Menconi, Commissioner
qw- A&I-2
Tom C. Slone, Commissioner
Commissioner . seconded adoption of the foregoing Resolution.
The roll having been called, the vote was as follows:
Commissioner Michael L. Gallagher
Commissioner Am M. Menconi
Commissioner Tom C. Stone
This Resolution passed by . c3— (2 vote of the Board of County Commissioners of the
County of Eagle, State of Colorado.
g:llagl arbitration- 2002\arbitration.reso.2002
�e
} EXHIBIT A
ARBITRATION
RULES AND PROCEDURES
SCOPE: To give taxpayers an alternative to pursuing an appeal of the County Board of
EquaIization'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 Iist 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. Oualifications: 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 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 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 thirty (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/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: No later than thirty (30) days of the mailing of the County Board of
Equalization's decision, the taxpayer shall file, on forms provided, along with the
fees as required by paragraphs 3B, C, and 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 negotiation 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 $150.00 for
residential real property and $200.00 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
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. Please understand
that it is possible for an arbitration fee to exceed $200.00.
D. FEES: Other Taxable Property - For cases concerning any taxable property other than
residential real property, the taxpayer may contact the County Assessor or his /her
representative to determine an estimated fee for arbitration. Fees shall be computed at
$150.00 per hour rate. Upon agreement and deposit of fees by the taxpayer with the County
Attorney's office, to be held in trust pending this arbitrator's decision and receipt of the
petition, the matter will be assigned to the arbitrator.
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:
Assignment - Upon payment of the fees as outlined in paragraphs 3 C and D, or upon
waiver of the fee (paragraph 3E), and the filing of the petition (see paragraph 3B), the
case will be assigned to the arbitrator selected in accordance with paragraph 2B of
these rules.
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.
2
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 make other decisions in order to conduct a reasonable 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 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 authorized by representative 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.
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:
I . 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 subject property, if any.
8. 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.
9. A signature line for the arbitrator and the date of the decision.
g:Ma ; lar6itratioa- 2002 \rules. &.procedures.arhitration
3