(1) At the hearing upon a petition, the
assessor or the assessor's authorized representative shall be present and shall
produce information to support the basis and amount of the assessor's valuation of
the property. The board shall hear and consider all testimony and examine all
exhibits produced or introduced by either the petitioner or the assessor, with no
presumption in favor of any pending valuation, and may subpoena witnesses to
testify. The costs of producing the petitioner's witnesses shall be paid by the
petitioner, and the costs of producing the assessor's witnesses shall be paid by the
county. On the basis of the testimony produced and the exhibits introduced, the
board shall grant or deny the petition, in whole or in part, and shall notify the
petitioner and the assessor in writing. If the board denies the petition, in whole or in
part, such written notice shall inform the petitioner of the right to appeal within the
thirty-day period following the denial to the district court or the board of
assessment appeals pursuant to the provisions of section 39-8-108 (1) or within the
thirty-day period following the denial to submit the case to arbitration pursuant to
the provisions of section 39-8-108.5. Such notice shall state that, if the appeal is to
the board of assessment appeals, the hearing before the board of assessment
appeals shall be the last hearing at which testimony, exhibits, or any other type of
evidence may be introduced by either party and that, if there is an appeal to the
court of appeals pursuant to section 39-8-108 (2), the record from the hearing
before the board of assessment appeals and no new evidence shall be the basis for
the court's decision. The phone number and address of the board of assessment
appeals shall also be included on the notice. The notice shall also state, in general
terms, how to pursue arbitration and that, if a taxpayer submits the case to
arbitration, the decision reached under such process shall be final and not subject
to review. If a referee heard the case, the board shall, at the written request of any
taxpayer or any agent of such taxpayer within seven working days after receipt of
said request, make available to the taxpayer or agent the referee's findings and
recommendations. At the board's election, the board may either mail, fax, or send
by electronic transmission such findings and recommendations to the address,
phone number, or electronic address supplied by said taxpayer or agent. Upon
receipt of such request, the board shall notify the taxpayer or agent of the
estimated cost of providing such findings and recommendations, payment of which
shall be made prior to providing such findings and recommendations. Upon
providing such findings and recommendations, the board may include a bill for the
reasonable cost above the estimated cost and up to the statutory maximum which
shall be due and payable upon receipt by the taxpayer or agent.
(2) (a) The county board of equalization shall continue its hearings from time
to time until all petitions have been heard, but all such hearings shall be concluded
and decisions rendered thereon by the close of business on August 5 of that year;
except that, in a county that uses an alternate protest and appeal procedure
pursuant to section 39-5-122.7, all such hearings shall be concluded and decisions
rendered thereon by the close of business on November 1 of that year. Except as
authorized in subsection (2)(b) of this section, any decision shall be mailed to the
petitioner within five business days of the date on which such decision is rendered.
(b) A board of county commissioners may authorize by resolution a petitioner
or a petitioner's agent to elect to receive the decision rendered by the board as
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 decision.
(3) At the written request of any taxpayer or any agent of a taxpayer and
subject to confidentiality requirements as provided by law, the assessor shall,
within three working days after receipt of a request, make available to the taxpayer
or agent the data used by the assessor in determining the actual value of any
property owned by a taxpayer. At the assessor's election, the assessor may either
mail, fax, or send by electronic transmission to the address, phone number, or
electronic address supplied by a taxpayer or agent any requested data. The
assessor shall provide to a taxpayer making the request the data derived from the
declarations filed pursuant to the provisions of article 14 of this title 39, the primary
method and rates used to value the property, and any confidential data, provided
that the confidential data is presented in such a manner that the source cannot be
identified. Upon receipt of the request, the assessor shall notify the taxpayer or
agent of the estimated cost of providing the information, payment of which shall be
made prior to providing the information. Upon providing the information, the
assessor may include a bill for the reasonable cost above the estimated cost and up
to the statutory maximum which shall be due and payable upon receipt by the
taxpayer or agent.
(4) The assessor may not rely on any confidential information which is not
available for review by the taxpayer, unless such confidential data is presented in
such a manner that the source cannot be identified.
(5) (a) (I) On and after August 10, 2011, in addition to any other requirements
under law, any petitioner appealing either a valuation of rent-producing commercial
real property to the board of assessment appeals pursuant to section 39-8-108 (1)
or a denial of an abatement of taxes pursuant to section 39-10-114 shall provide to
the county board of equalization or to the board of county commissioners of the
county in the case of an abatement, and not to the board of assessment appeals,
the following information, if applicable:
(A) Actual annual rental income for two full years including the base year for
the relevant property tax year;
(B) Tenant reimbursements for two full years including the base year for the
relevant property tax year;
(C) Itemized expenses for two full years including the base year for the
relevant property tax year; and
(D) Rent roll data as of the valuation date, including the name of any tenants,
the address, unit, or suite number of the subject property, lease start and end dates,
option terms, base rent, square footage leased, and vacant space for two years
including the year of the valuation date and the prior year.
(II) The petitioner shall provide the information required by subsection
(5)(a)(I) of this section within ninety days after the appeal has been filed with the
board of assessment appeals; except that a petitioner who has already provided
information to an assessor in accordance with section 39-5-122 (2.5) is not required
to provide any additional information under this subsection (5)(a).
(b) (I) The assessor, the county board of equalization, or the board of county
commissioners of the county, as applicable, shall, upon request made by the
petitioner, provide to a petitioner who has filed an appeal with the board of
assessment appeals not more than ninety days after receipt of the petitioner's
request, the following information:
(A) The primary method used by the county to determine the value of the
subject property; and
(B) The rates used by the county to determine the value of the subject
property under the method identified in accordance with subsection (5)(b)(I)(A) of
this section.
(II) The party providing the information to the petitioner pursuant to
subparagraph (I) of this paragraph (b) shall redact all confidential information
contained therein.
(c) If a petitioner fails to provide the information required by subparagraph (I)
of paragraph (a) of this subsection (5) by the deadline specified in subparagraph (II)
of said paragraph (a), the county may move the board of assessment appeals to
compel disclosure and to issue appropriate sanctions for noncompliance with such
order. The motion may be made directly by the county attorney and shall be
accompanied by a certification that the county assessor or the county board of
equalization has in good faith conferred or attempted to confer with such petitioner
in an effort to obtain the information without action by the board of assessment
appeals. If an order compelling disclosure is issued under this paragraph (c) and the
petitioner fails to comply with such order, the board of assessment appeals may
make such orders in regard to the noncompliance as are just and reasonable under
the circumstances, including an order dismissing the action or the entry of a
judgment by default against the petitioner. Interest due the taxpayer shall cease to
accrue as of the date the order compelling disclosure is issued, and the accrual of
interest shall resume as of the date the contested information has been provided by
the taxpayer.
(d) In the notice of determination, the county board of equalization shall
inform a taxpayer of the taxpayer's obligation to provide the information required
by paragraph (a) of this subsection (5).
(e) The county board of equalization and the board of county commissioners
receiving any information provided by a petitioner pursuant to subparagraph (I) of
paragraph (a) of this subsection (5) that is exempt from disclosure under either
section 24-72-204 (3)(a)(IV), C.R.S., or another provision of the Colorado Open
Records Act, part 2 of article 72 of title 24, C.R.S., shall keep such information
confidential; except that such information may be disclosed to the administrator
and the employees of his or her office, the board of assessment appeals, the county
board of equalization, the board of county commissioners of the county in which the
subject property is located, the office of the county assessor, or a person retained
to appraise or provide value consultation in connection with the subject property
where such information is pertinent to an appeal.
(f) Nothing in this subsection (5) shall be construed to apply to a public
utility whose valuation for property tax purposes is determined by the administrator
in accordance with the provisions of article 4 of this title.
(6) Repealed.