IN RE AMENDMENTS TO RULES FOR COURT OF TAX REVIEW

2022 OK 99
CourtSupreme Court of Oklahoma
DecidedDecember 19, 2022
StatusPublished
Cited by7 cases

This text of 2022 OK 99 (IN RE AMENDMENTS TO RULES FOR COURT OF TAX REVIEW) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
IN RE AMENDMENTS TO RULES FOR COURT OF TAX REVIEW, 2022 OK 99 (Okla. 2022).

Opinion

IN RE AMENDMENTS TO RULES FOR COURT OF TAX REVIEW
2022 OK 99
Decided: 12/19/2022
THE SUPREME COURT OF THE STATE OF OKLAHOMA


Cite as: 2022 OK 99, __ P.3d __

IN RE: Amendments to Rules 1, 2, 3, 4, 5, 6, 9, and 11 of the Rules for the Court of Tax Review

ORDER

¶1 Rules 1, 2, 3, 4, 5, 6, 9, and 11 of the Oklahoma Court of Tax Review, Title 68, Ch. 1, art. 28, App, app.1, are hereby amended as shown on the attached Exhibit "A." Rules 1, 2, 3, 4, 5, 6, 9, and 11, with the amended language noted, are attached as Exhibit "B." The amended Rules are effective January 1, 2023.

¶2 DONE BY ORDER OF THE SUPREME COURT IN CONFERENCE on December 19, 2022.

/S/CHIEF JUSTICE

Darby, C.J., Kane, V.C.J., Winchester, Edmondson, Combs, Gurich, Rowe and Kuehn, JJ., concur;

Kauger, J., not voting.


Exhibit "A"

Rules for the Court of Tax Review

Chapter 1, Article 28, App.

Rule 1. Jurisdiction

The Court of Tax Review is vested with jurisdiction to hear complaints relating to ad valorem taxation and brought by:

1. A county assessor or taxpayer as to the valuation of any real or personal property by the county assessor at an amount in excess of Three Million Dollars ($3,000,000.00). 68 O.S.Supp.2022, §§ 2880.1, 3024(B)(1).

2. Railroads, air carriers, and public service corporations as to the valuation of property by the State Board of Equalization. 68 O.S.2021, § 2881; 68 O.S.Supp.2022, § 3024(B)(2).

3. A district attorney, upon direction of the Board of County Commissioners, as to the intra-county or inter-county equalization by the State Board of Equalization. 68 O.S.2021, § 2882; 68 O.S.Supp.2022, § 3024(B)(3).

4. A county assessor as to the orders of the Oklahoma Tax Commission relating to non-compliance of the county assessor with the regulations governing the four year revaluation cycle. 68 O.S.2021, §§ 2883, 2830(D); 68 O.S.Supp.2022, § 3024(B)(4).

5. A taxpayer as to illegalities in ad valorem tax levies. 68 O.S.2021, § 3023; 68 O.S.Supp.2022, § 3024(C).

6. A taxpayer as to illegalities in the budget for the taxing entities within the county. 68 O.S.2021, § 3023; 68 O.S.Supp.2022, § 3024(C).

7. Requests of the Oklahoma Tax Commission for reimbursement of costs resulting from the supervision of the county in the valuation of property due to noncompliance with the regulations governing the four-year revaluation cycle. 68 O.S.2021, § 2830(C); 68 O.S.Supp.2022, § 3024(B)(4).

Rule 2. Invoking Jurisdiction of the Court of Tax Review

The times within which to file a complaint of the State Board of Equalization or notice of intent to appeal a decision of the Oklahoma Tax Commission as provided by statute is jurisdictional and may not be waived or otherwise extended. The Jurisdiction of the Court of Tax Review shall be invoked by:

1. The timely filing with the State Auditor and Inspector of a complaint challenging the legality of the budget for the taxing entities within the county or the legality of the tax levy. 68 O.S.2021, § 3023.

2. The timely filing with the Clerk of the Appellate Courts of a complaint challenging a valuation or equalization order of the State Board of Equalization. 68 O.S.2021, § 2882; 68 O.S.Supp.2022, §§ 2880.1, 2881.

3. The timely filing with the Clerk of the Appellate Courts of an intent to appeal a decision of non-compliance. 68 O.S.2021, § 2883.

Rule 3. Pleadings

A. Strict Compliance. Complaints and notices of intent to appeal shall be in strict compliance with the following:

1. An original and four copies of all pleadings, complaints, protests, notices of intent to appeal, responses and other filings shall be prepared on 8 1/2 " x 11" paper only.

2. In all proceedings the complaint, notice, or protest must state the county in which the property which is the subject of the proceeding is located.

3. In all proceedings where the Oklahoma Tax Commission is required by statute to prescribe the form for filing a complaint or notice with the Court of Tax Review a completed copy of the form shall be attached to the complaint or notice filed with the Court of Tax Review.

4. Proceeding pursuant to § 2881: A complaint filed with the Court of Tax Review pursuant to 68 O.S.2021, § 2881 must comply with Rule 11 Form No. 1. The Complaint must state the year of the ad valorem assessment to be reviewed. The Complaint must have attached as Exhibit A the properly completed Notice of Protest to the State Board of Equalization and the Oklahoma Tax Commission of Filing in Court of Tax Review (Form OTC 989) prescribed by the Oklahoma Tax Commission. Id. § 2881(A). The Complaint must specify the counties where the property is located. The Complaint must be filed within twenty (20) days of the notice of assessment, and the Complaint must have attached as Exhibit B a copy of the notice of ad valorem tax assessment that the taxpayer received from the State Board of Equalization. Id. The Complaint shall specify the amount of the assessed valuation protested. Id.

5. Proceeding pursuant to § 2880.1: An appeal of any decision from a county board of equalization to the Court of Tax review must be filed within thirty (30) calendar days of the date the board's order was mailed, or in the event that the order was delivered, from the date of delivery. 68 O.S.Supp.2022, § 2880.1(B). The appeal shall be made upon the Complaint for Review form available in Rule 11 Form No. 3. A Complaint for Review filed by an appealing taxpayer must state whether the county board of equalization assessed any costs against the appealing taxpayer for failure to appear at a scheduled hearing and whether such costs have been paid. See id. § 2880.1(D). The Complaint for Review must have attached as Exhibit A a file-stamped copy of the notice of appeal that 68 O.S.Supp.2022, §2880.1(B) requires to be filed with the county clerk. The Complaint for Review must also have attached as Exhibit B an appendix containing the record on appeal, which shall include the following documents:

Any complaint/protest filed with the county assessor pursuant to 68 O.S.Supp2022, § 2876(E);

Any decision/order from the county assessor issued pursuant to 68 O.S.Supp.2022, §2876(G);

Any appeal to the county board of equalization that gets filed with said board or with the county clerk pursuant to 68 O.S.Supp.2022, §§ 2876(G) and 2880.1(B);

Any notifications that the county board of equalization sent to the taxpayer fixing the date of a hearing pursuant to 68 O.S.Supp.2022, § 2877(A) or (B);

Any notification that the taxpayer sent to the county board of equalization pursuant to 68 O.S. Supp.2022, § 2877(D) to explain the reason for an absence at a hearing;

Any affidavits signed by members of the county board of equalization or by the parties to the proceeding pursuant to 68 O.S.Supp.2022, § 2877(E)(2) or (3);

Any evidence presented by the parties pursuant to 68 O.S.Supp.2022, § 2877(A);

Any books, records, or papers that the county board of equalization obtains via subpoena pursuant to 68 O.S.Supp.2022, § 2877(A);

Any transcription or tape recording of the hearing before the county board of equalization made pursuant to 68 O.S.Supp.2022, § 2877(A); and

Any decision/order of the county board of equalization issued pursuant to 68 O.S.Supp.2022, § 2877(A) or filed with the county clerk pursuant to 68 O.S.Supp.2022, §2880.1(B).

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