us-co/statute/39/39-8-106 — Petitions for appeal

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us-co/statute/39/39-8-106 — Petitions for appeal · Axiom

(1) The county board of equalization shall receive and hear petitions from any person whose objections or protests have been refused or denied by the assessor. A petition must be in a form approved by the property tax administrator pursuant to section 39-2-109 (1)(d), the contents of which must include the following:

(a)A statement informing the person of the person's right…#

(a) A statement informing the person of the person's right to appeal, the time and place at which the county board of equalization will hear appeals from determinations of the assessor, and that, by mailing or delivering one copy of the form to the county board of equalization that is received or postmarked on or before July 15 of that year for real property and July 20 of that year for personal property or, if a county uses an alternate protest and appeal procedure pursuant to section 39-5-122.7, on or before September 15 of that year for both real and personal property, the person will be deemed to have filed a petition for hearing with the county board of equalization. The date the form is received by the county board of equalization shall be stamped on the form. All forms shall be presumed to be on time unless the county board of equalization can present evidence to show otherwise.

(b)A requirement that the assessor's office set forth the…#

(b) A requirement that the assessor's office set forth the following information on the face of the form:

(I) A description of the property claimed to be excessively, erroneously, or illegally valued;

(II) The actual value placed upon it by the assessor;

(III) A specific and detailed statement of the grounds delineated in this subparagraph (III), upon which the assessor relied to justify such valuation. The grounds are appropriate consideration of the approaches to appraisal set forth in section 39-1-103 (5)(a) and classification of the property. For agricultural lands, the grounds are: Earning or productive capacity; classification; and capitalization rate.

(IV) The assessor's written statement refusing to change such valuation; and

(V) The actual value placed upon it by the person whose objection and protest has been denied.

(c)Space for the person whose objection and protest has…#

(c) Space for the person whose objection and protest has been denied to state the grounds on which he relied and to indicate the manner, if any, in which he disagrees with the assessor's statement of the information described in paragraph

(b) of this subsection (1).

(1.5) In addition to any other requirements set forth in subsection (1) of this section, any petition for appeal relating to real property shall contain the actual value of such real property, stated in terms of a specific dollar amount, which is being offered as the correct valuation. Nothing in this subsection (1.5) shall be construed to exempt paid representatives of taxpayers from the requirements of part 6 of article 10 of title 12, if applicable.

(1.7) Any person who objects to the application of the term integral to an agricultural operation to their property in accordance with section 39-1-102

(1.6)(a)(I) and (14.4) and whose objections or protests have been denied by the assessor may submit a petition for appeal to the county board of equalization to the same extent as any other protest or objection for which an appeal to the board is provided under law and shall satisfy all requirements for the prosecution of such appeal as provided by law.

(2) (a) Upon receiving a petition in the form described in subsection (1) of this section, the county board of equalization or its authorized agent shall note the filing of the petition, set a time for hearing of said petition, and, except as provided in paragraph (b) of this subsection (2), notify the petitioner by mail of such time for hearing.

(b) A board of county commissioners may authorize by resolution a petitioner or a petitioner's agent to elect to receive the notice required in paragraph (a) of this subsection (2) by fax or electronic mail at a phone number or electronic mail address supplied by the petitioner or the petitioner's agent. If no election is made by the petitioner or the petitioner's agent, the county board of equalization shall mail the required notice.

(3) If the assessor fails or refuses to comply with the provisions of section 39-5-122, this section, or both, relating to said form, the objecting person shall not be deprived of his right of appeal to the county board of equalization. The objecting person may present his objections and protests in person or by counsel, orally or by letter or other informal writing, on any day during the meeting of the county board of equalization held for the purpose of hearing appeals. The said failure or refusal of the assessor shall not, in any manner, deprive the objecting person of his right to a full, fair, and complete hearing of his objections and protests by the county board of equalization.

in view

Whole section

Encodings · 4

petitioner_may_elect_electronic_hearing_noticeCO 39 § 39-8-106 · derived

C.R.S. 39-8-106(2)(b)

name: petitioner_may_elect_electronic_hearing_notice
kind: derived
entity: Person
dtype: Judgment
period: Year
source: C.R.S. 39-8-106(2)(b)
metadata:
  proof:
    atoms:
      - path: versions[0].formula
        kind: condition
        source:
          corpus_citation_path: us-co/statute/39/39-8-106
          excerpt: >-
            “may authorize by resolution a petitioner or a petitioner's agent to
            elect”
versions:
  - effective_from: '0001-01-01'
    formula: county_commissioners_authorized_electronic_notice_election

hearing_notice_must_be_mailedCO 39 § 39-8-106 · derived

C.R.S. 39-8-106(2)(a)-(b)

name: hearing_notice_must_be_mailed
kind: derived
entity: Person
dtype: Judgment
period: Year
source: C.R.S. 39-8-106(2)(a)-(b)
metadata:
  proof:
    atoms:
      - path: versions[0].formula
        kind: default
        source:
          corpus_citation_path: us-co/statute/39/39-8-106
          excerpt: >-
            “If no election is made ... the county board of equalization shall
            mail the required notice.”
versions:
  - effective_from: '0001-01-01'
    formula: |-
      not county_commissioners_authorized_electronic_notice_election
      or not petitioner_or_agent_elected_electronic_notice

objecting_person_retains_appeal_right_despite_assessor_noncomplianceCO 39 § 39-8-106 · derived

C.R.S. 39-8-106(3)

name: objecting_person_retains_appeal_right_despite_assessor_noncompliance
kind: derived
entity: Person
dtype: Judgment
period: Year
source: C.R.S. 39-8-106(3)
metadata:
  proof:
    atoms:
      - path: versions[0].formula
        kind: condition
        source:
          corpus_citation_path: us-co/statute/39/39-8-106
          excerpt: “the objecting person shall not be deprived of his right of appeal”
versions:
  - effective_from: '0001-01-01'
    formula: |-
      person_is_objecting_person
      and assessor_failed_or_refused_to_comply_with_required_form_provisions

objecting_person_is_entitled_to_full_fair_complete_hearing_despite_assessor_noncomplianceCO 39 § 39-8-106 · derived

C.R.S. 39-8-106(3)

name: >-
  objecting_person_is_entitled_to_full_fair_complete_hearing_despite_assessor_noncompliance
kind: derived
entity: Person
dtype: Judgment
period: Year
source: C.R.S. 39-8-106(3)
metadata:
  proof:
    atoms:
      - path: versions[0].formula
        kind: condition
        source:
          corpus_citation_path: us-co/statute/39/39-8-106
          excerpt: >-
            “shall not, in any manner, deprive the objecting person of his right
            to a full, fair, and complete hearing”
versions:
  - effective_from: '0001-01-01'
    formula: |-
      person_is_objecting_person
      and assessor_failed_or_refused_to_comply_with_required_form_provisions

▸rulespec code

Shown source

statutes/39/39-8-106.yaml

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Rules

petitioner_may_elect_electronic_hearing_notice

Derived

source: C.R.S. 39-8-106(2)(b)

- name: petitioner_may_elect_electronic_hearing_notice
  kind: derived
  entity: Person
  dtype: Judgment
  period: Year
  source: C.R.S. 39-8-106(2)(b)
  metadata:
    proof:
      atoms:
        - path: versions[0].formula
          kind: condition
          source:
            corpus_citation_path: us-co/statute/39/39-8-106
            excerpt: “may authorize by resolution a petitioner or a petitioner's agent to elect”
  versions:
    - effective_from: '0001-01-01'
      formula: county_commissioners_authorized_electronic_notice_election

hearing_notice_must_be_mailed

Derived

source: C.R.S. 39-8-106(2)(a)-(b)

- name: hearing_notice_must_be_mailed
  kind: derived
  entity: Person
  dtype: Judgment
  period: Year
  source: C.R.S. 39-8-106(2)(a)-(b)
  metadata:
    proof:
      atoms:
        - path: versions[0].formula
          kind: default
          source:
            corpus_citation_path: us-co/statute/39/39-8-106
            excerpt: >-
              “If no election is made ... the county board of equalization shall mail the required
              notice.”
  versions:
    - effective_from: '0001-01-01'
      formula: |-
        not county_commissioners_authorized_electronic_notice_election
        or not petitioner_or_agent_elected_electronic_notice

objecting_person_retains_appeal_right_despite_assessor_noncompliance

Derived

source: C.R.S. 39-8-106(3)

- name: objecting_person_retains_appeal_right_despite_assessor_noncompliance
  kind: derived
  entity: Person
  dtype: Judgment
  period: Year
  source: C.R.S. 39-8-106(3)
  metadata:
    proof:
      atoms:
        - path: versions[0].formula
          kind: condition
          source:
            corpus_citation_path: us-co/statute/39/39-8-106
            excerpt: “the objecting person shall not be deprived of his right of appeal”
  versions:
    - effective_from: '0001-01-01'
      formula: |-
        person_is_objecting_person
        and assessor_failed_or_refused_to_comply_with_required_form_provisions

objecting_person_is_entitled_to_full_fair_complete_hearing_despite_assessor_noncompliance

Derived

source: C.R.S. 39-8-106(3)

- name: objecting_person_is_entitled_to_full_fair_complete_hearing_despite_assessor_noncompliance
  kind: derived
  entity: Person
  dtype: Judgment
  period: Year
  source: C.R.S. 39-8-106(3)
  metadata:
    proof:
      atoms:
        - path: versions[0].formula
          kind: condition
          source:
            corpus_citation_path: us-co/statute/39/39-8-106
            excerpt: >-
              “shall not, in any manner, deprive the objecting person of his right to a full, fair,
              and complete hearing”
  versions:
    - effective_from: '0001-01-01'
      formula: |-
        person_is_objecting_person
        and assessor_failed_or_refused_to_comply_with_required_form_provisions

▸citations (5)

References

This rule cites 5 other rules.

CO 39 § 39-2-109 (1)(d)inferredCO › Statutes › Title 39 › § 39-2-109 › (1)(d)
CO 39 § 39-5-122.7inferredCO › Statutes › Title 39 › § 39-5-122.7
CO 39 § 39-1-103 (5)(a)inferredCO › Statutes › Title 39 › § 39-1-103 › (5)(a)
CO 39 § 39-1-102 (1.6)(a)(I)inferredCO › Statutes › Title 39 › § 39-1-102 › (1.6)(a)(I)
CO 39 § 39-5-122inferredCO › Statutes › Title 39 › § 39-5-122