HomeMy WebLinkAbout891013.tiff RESOLUTION
RE: APPROVE ADOPTION OF WELD COUNTY ASSESSMENT ARBITRATION RULES
AND PROCEDURES
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter, is vested with the authority of administering the
affairs of Weld County, Colorado, and
WHEREAS, the Board has been presented with Weld County
Assessment Arbitration Rules and Procedures, and
WHEREAS, after study and review, the Board deems it advisable
to adopt said Rules and Procedures, a copy being attached hereto
and incorporated herein by reference, and
WHEREAS, the Board deems it advisable that said Rules and
Procedures be placed in the Administrative Manual.
NOW, THEREFORE, BE IT RESOLVED by the Board of County.
Commissioners of Weld County, Colorado, that Weld County
Assessment Arbitration Rules and Procedures be, and hereby are,
adopted.
BE IT FURTHER RESOLVED by the Board that said Rules and
Procedures be placed in the Administrative Manual.
The above and foregoing Resolution was, on motion duly made
and seconded, adopted by the following vote on the 13th day of
September, A.D. , 1989 .
ATTEST:
� ) BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Weld County Clerk and Recorder ,
and Clerk to the Boa d C.W. Kifloy, C airman
EXCUSED
Jac line Johnson, Pro-Tem
eputy County Cl k (
APPR VED AS TO FORM: Gene R. Brant a"iT r
George Kennedy J
C:7
/,
ounty Attorney �/' /_/Y//
Gorc4i"° &. �a
/'. _ ,_ ,< . . < z r 891013
WELD COUNTY
ASSESSMENT 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
and to provide and alternative to pursuing any pending 1987
appeals now on file with 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 Weld 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 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: The taxpayer and the county
board of equalization' s representative shall select an
arbitrator from the list on file with the clerk and
recorder upon advancement of fees as provided for in
paragraphs 3 .C, D, and E of these rules. In absence of
agreement between the taxpayer and the county board of
equalization the district court shall select an
arbitrator from said list.
C. OATH: Promptly after an arbitrator is selected, he or
she shall sign, file with the county and mail to each
party the affirmation/oath set forth in the forms
section of these rules.
3 . ARBITRATION PROCEDURES:
A. FILING: Within thirty (30) days 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.
1 891013
B. PETITION: After filing his intent to pursue arbitration
but no later than close of business on the first Monday
in October, the taxpayer shall file, on forms provided,
along with the fees as required by paragraphs 3.B, 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: Residential property - At the time the taxpayer
f li es his petition requesting arbitration for
residential property, said taxpayer shall advance
$150 . 00 to the Clerk and Recorder of Weld County to be
held in trusts 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.
D. FEES : Other Taxable Property .- For cases concerning any
taxable property other than residential real property
the taxpayer shall, no later than close of business on
the first Monday in October, contact the county assessor
or his representative to determine an estimated fee for
arbitration. Fees shall be computed at $150 . 00 per hour
rate. Upon agreement and deposit of fees with the Clerk
and Recorder' s Office to be held in trust pending the
arbitrator' s decision, the matter will be assigned to
the arbitrator. The fees will be either returned to the
taxpayer or paid to the arbitrator depending upon the
terms of the arbitrator' s decision.
E. FEES : Waiver - Any taxpayer who is unable to advance
the fees from arbitration can 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 indigency by the taxpayer.
891013
2
F. HEARINGS :
(1) Assignment - Upon payment of the fees as outlined
in paragraphs 3.C, D, or upon waiver of the fee
(paragraph 3 .E) and the filing of the petition (see
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 paragraph 2 .B 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, 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
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 a 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 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 proceedings may
be confidential and closed to the public.
(7) Record of Proceedings - No record of the
proceedings is required.
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3
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 the
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 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.
NOTE: Arbitrator' s fees for residential real
property shall not exceed $150 .00. For all other
property arbitrator' s fees shall be an amount
agreed upon by the taxpayer and county.
(9) A signature line for the arbitrator and the date of
the decision.
(10) Witness fees and costs - Each party shall pay that
party ' s own witness fees, attorney' s fees and
miscellaneous costs.
4 891013
Dear
This is to acknowledge your request for arbitration pursuant to
Section 39-8-108 , C.R.S . In an effort to provide an expeditious
handling of cases, the Board of County Commissioners has adopted
rules and procedures for the arbitration process. Enclosed for
your review is the list of approved arbitrators, a copy of the
rules and procedures, and a petition. The petition should be
completed and returned to this office with the appropriate fees .
Upon receipt of the petition and advancement of fees, your case
will be assigned for arbitration. It is important to promptly
comply with the rules and procedures to ensure that your case is
dealt with in a fair and expeditious manner.
Sincerely,
Enc.
•
891013
WELD COUNTY, COLORADO
Docket No.
PETITION FOR ARBITRATION
Taxpayer,
v.
WELD COUNTY BOARD OF EQUALIZATION
1 . The undersigned property owner or authorized agent,
pursuant to Section 39-8-108 , C.R.S . , requests arbitration.
2 . The subject property is located in Weld County with
address or legal description as follows :
with tax schedule number
3 . That the property is (residential real property) (other
property) .
4 . That the residential arbitration fee in the amount of
$150 . 00 is hereby advanced, to be held in trust pending a decision
of the arbitrator; OR
4 . That the fee estimate of $ agreed upon
between the parties is hereby advanced, to be held in trust
pending a decision by the arbitrator; OR
4 . An application for fee waiver based upon indigence of
the petitioner is pending before the Board of County
Commissioners.
5 . That be named and assigned as
arbitrator.
6 . That the following issues are in need of arbitration:
Date Signature
Name
Address
Phone Number 891013
TO: OWNERS, AGENTS, ATTORNEYS OF OTHER THAN RESIDENTIAL
PROPERTY
FROM: CLERK, COUNTY BOARD OF EQUALIZATION
SUBJECT: ARBITRATOR'S FEE AGREEMENT FOR OTHER THAN RESIDENTIAL
PROPERTY
Pursuant to Section 39-8-108 .5 (5) (a) , C.R.S. , an agreement as to
arbitrator' s fees needs to be arrived at between the parties .
Pursuant to the Rules and Procedures for Arbitration adopted by
the Board of County Commissioners, you must contact the Assessor' s
representative and complete the attached agreement prior to your
case being assigned to an arbitrator.
The representative of the Assessor' s Office are as follows:
Michael Sampson
Stan Jantz
or the Deputy Assessor, Andy Anders
Please contact the appropriate representative as soon as possible.
891013
ARBITRATOR'S FEE AGREEMENT
WHEREAS, the Petitioner desires that certain property other
than residential real property be subject to the arbitration
process as provided for in Section 39-8-108.5, C.R.S. ; and
WHEREAS, the Petitioner and the County Board of Equalization
desire to outline their agreement as to arbitrator' s fees as
required pursuant to Section 39-8-108 . 5 (5) (a) .
IT IS AGREED that the parties estimate the following fee for
arbitration of property schedule number •
Petitioner' s Estimate
Number of hours x $150 . 00 =
Board of Equalization
Number of hours x $150 . 00 = -
Total Agreed Arbitrator ' s Fee =
PETITIONER BOARD OF EQUALIZATION
Name Assessor' s Representative
Address
891®13
WELD COUNTY, COLORADO
Docket No.
OATH OF ARBITRATOR
Taxpayer,
v.
WELD COUNTY BOARD OF EQUALIZATION
I solemnly swear or affirm under penalty of perjury that I
meet the qualifications of Section 39-8-108.5, C.R.S. ; that I will
be completely impartial; and that I will fairly and justly
determine the issues placed before me.
I further swear or affirm that I have no financial or
personal interest in the outcome of the arbitration of this case,
and have no existing or past financial , business, professional,
family or social relationships with any of the parties or their
attorneys that will affect my impartiality or create an appearance
of partiality or bias except
Date Signature
•
891013
WELD COUNTY, COLORADO
Docket No.
ARBITRATION AWARD
• Taxpayer,
v.
WELD COUNTY BOARD OF EQUALIZATION
W
This matter having been heard on , 1988 . •
Petitioner appeared in person with (out)
counsel. Respondent Weld County Board of Equalization appeared by
That I find in favor of and against
That the property in question more fully described as
Taxpayer schedule number , should/should not be
adjusted as follows:
That the arbitrator' s fees for conducting this matter are
That said fees are to be paid as follows :
That each party shall pay their own witness fees, attorney' s
fees and miscellaneous costs.
DATED THIS day of , 19
Arbitrator
891013
DATE:
TO: ARBITRATOR
TAXPAYER
ASSESSOR
RE: v. WELD COUNTY BOARD OF EQUALIZATION
Docket No.
The attached petition having been timely filed and fees advanced,
and having received no objections from the respondent Board, the
above-captioned case is hereby assigned to
who will serve as arbitrator in this matter. Upon filing of the
oath or affirmation, the arbitrator will contact the parties to
schedule the matter for hearing.
S91013
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