Article 3. Reassessments And Allocation Corrections of California Revenue And Taxation Code >> Division 1. >> Part 2. >> Chapter 4. >> Article 3.
A petition for reassessment of unitary or nonunitary property
shall be in writing and shall state the specific grounds upon which
it is claimed a correction or adjustment of the assessment is
founded. The petition shall be delivered to the board at its
headquarters office in Sacramento.
Upon receipt of a timely petition for reassessment, the board
shall set a time and place within the state for hearing on the
petition. Notice thereof shall be mailed to the assessee at its
address as shown in the records of the board, not less than 10
working days in advance of the date of the hearing.
The hearing may be continued by the board for good cause. The
hearing shall be open to the public, except that upon conclusion of
the taking of evidence the board may deliberate in private with the
aid of its staff in reaching a conclusion. Upon written request, the
board shall make a full record of the hearing and furnish the
petitioner with a transcript thereof at the petitioner's expense.
(a) The board shall notify the petitioner of its decision on a
petition for reassessment by mail and shall make written findings
and conclusions if requested at or prior to the commencement of the
hearing. The board shall send a periodic report of its decisions and
any written findings and conclusions thereon to each county in which
affected state-assessed property is situated. The findings shall
fairly disclose the board's determination of material factual issues
and shall contain a statement of the method or methods of valuation
used by the board in valuing the property. Notwithstanding the
requirement for a statement of method or methods, the board's
approval of a settlement of a lawsuit contesting the value of
state-assessed property shall be sufficient disclosure when value is
determined in accordance with a board-approved settlement. Decisions
of the board on petitions for reassessment of state-assessed property
shall be completed on or before December 31.
(b) When the value of an assessee's state-assessed property is
determined, after a hearing on a petition for reassessment, to be
different from the value originally adopted by the board, the board
shall determine the year in which the corrected value is to be
entered on the roll. The correct value may be entered on the roll for
the fiscal year in which the determination is made, or the
difference between the original and the corrected value may be
entered as an increase or decrease in the assessment for the
succeeding fiscal year. If the corrected value is entered on the roll
for the fiscal year in which it is determined, and the board roll
has been transmitted to the county auditors, the board shall make the
corresponding changes in allocations and transmit the roll
corrections to the county auditor.
(c) If the amount of the correction is to be entered on the roll
for the succeeding fiscal year, an amount is to be added in lieu of
interest. If the correction results in a reduction in assessed value,
there shall be added to the reduction, in lieu of interest, 9
percent of the difference between the original assessed value and the
reduced assessed value. If the correction results in an increase in
assessed value, there shall be added to the increase, in lieu of
interest, 9 percent of the difference between the original assessed
value and the increased assessed value.
The assessment of the unitary and operating nonunitary
property of an assessee shall be allocated to assessments on the roll
prepared by the board among the counties in which parts of the
unitary and operating nonunitary property are situated. The
assessment of the nonunitary property of an assessee shall be placed
on the assessment roll prepared by the board.
Each year, upon or prior to the completion of the assessment
roll prepared by the board, but not later than June 15, the board
shall mail notice to each assessee at its address as shown on the
records of the board, of the allocated assessed values of the
assessee's unitary property that have been or are proposed to be
placed on the assessment roll to be transmitted to county auditors.
The notice shall advise the assessee that a petition for a correction
of an allocated assessment may be filed, not later than July 20 of
the year of the notice, at the headquarters of the board in
Sacramento.
A petition for correction of an allocated assessment shall be
in writing and state the specific grounds upon which it is claimed a
correction or adjustment in the allocation is founded. The value of
the total unitary property of an assessee may not be brought into
issue in a petition for correction of an allocated assessment.
Upon receipt of a timely petition for correction of an
allocated assessment, the board shall set a time and place within the
state for hearing on the petition. Notice thereof shall be mailed to
the assessee at its address as shown on the records of the board not
less than 10 working days in advance of the date of the hearing.
Section 743 shall be applicable to hearings on petitions for
correction of an allocated assessment and the board shall notify the
petitioner of its decision by mail. The decision shall include
written findings and conclusions of the board if requested at or
prior to the commencement of the hearing. Decisions of the board on
petitions for correction of an allocated assessment shall be
completed on or before December 31.