Dte Form 1 - Complaint Against The Valuation Of Real Property Page 4
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5THE BURDEN OF PROOF IS ON THE COMPLAINANT. Any complainant shall file with the complaint or at a
time not later than ten (10) working days before the date of scheduled hearings the following information:
(1) For complaints on Residential Property the following information should be submitted for review by the Board of
Revision. This information may be useful to the Board in determining whether an adjustment to the property value
is warranted.
a.
Closing statements, purchase contract, and a copy of the conveyance statement, if applicable.
b.
A recent Appraisal Report if such is intended to be offered as evidence. Please note that an Appraisal
Report, if submitted, is subject to review by an appraiser from the Auditor’s staff who will then advise the
Board if he or she is in agreement with the Appraisal Report. The Board will then weigh all evidence and
establish a value.
c.
Certified estimates from a contractor for repairs cited on the complaint. Major structural issues may affect
the value of the property while regular maintenance needs (new roof, new driveway) are typically factored
into the existing current value based on the age/condition of the property.
d.
Any other supporting documents.
(2) For complaints on Commercial/Industrial Property the following information should be submitted:
a.
Closing statement, purchase contract and a copy of the conveyance statement, if applicable.
b.
Lease agreements and/or rent rolls, if applicable.
c.
Photographs, three preceding years of Income and Expense Statements or appropriate schedules of the
complainant’s Federal Income Tax Return.
d.
Construction cost of a new building, if applicable (certified by the builder). These should include both hard
and soft costs.
e.
Appraisal report if such is intended to be offered as evidence.
f.
Certified estimates from a contract or for repairs cited on the complaint.
g.
Any other supporting documents.
(3) Only one complaint per parcel may be filed in one triennial period unless the complainant alleges that one of the
exceptions on Line 14 of DTE Form 1 applies, or unless an exception outlined in R.C. 5715.19 applies. If the
complaint is withdrawn prior to the commencement of the hearing, the property owner retains the right to file a
subsequent property valuation complaint within the current triennial period.
(4) If the complainant bases his complaint on a Market Data Analysis, all comparable sales conveyance statements
evidencing such sales should be presented in addition to any reports, documents, exhibits or other evidence of any
kind intended to be produced at the hearing.
(B) Failure to produce documentation in the manner required by Rule 6(A) may result in materials being held inadmissible
by the Board.
7.
Preliminary Motions
(A) Any preliminary motion made by a party shall be presented to the Board at least ten days before the scheduled hearing.
(B) The Board may refer motions to its statutory counsel (the Fairfield County Prosecutor) for his opinion on the merits.
8.
Hearings
(A) The Board’s secretary will schedule each complaint for a hearing and written notice thereof shall be given to the parties
or their representatives of the time and place of the hearing. In rare circumstances, for good cause shown, the Board may
continue hearings at a party’s request. Requests for continuances should be directed to the Board by calling within seven
calendar days of receipt of the notice of the scheduled hearing.
(B) By law, Hearing Notices that provide the date of the complaint hearing, and Final Notices that provide the results of the
hearing are sent to parties by certified mail. It is the complainant’s responsibility to pick up certified mail when notice is
received from the Postal Service. Complainants who do not pick up their certified mail risk dismissal of their cases for
failure to appear, and/or the loss of appeal rights for failure to timely file an appeal of their Board decision.
(C) All hearings shall be open to the public and shall be recorded for later transcription of steno graphically reported.
(D) Complainants filing on their residential properties should plan on a hearing that lasts ten to twenty-five minutes.
(E) Each commercial case will be scheduled for an amount of time in line with its relative complexity. This determination
will be made based on material submitted to the Board in advance. PLEASE NOTE: Parties will benefit from providing
information and proposed exhibits when filing their complaints or as soon thereafter as possible, so that an appropriate
amount of time may be scheduled for their hearing.
(F) The Board of Revision reserves the right to maintain control of the length of each hearing and to limit extraneous
commentary. This helps to assure that complainants scheduled throughout the day are not kept waiting.
(G) The Board of Revision reserves the right to maintain proper decorum in the hearing room.
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