Dte Form 1 - Complaint Against The Valuation Of Real Property Page 5
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59.
Order of Hearing
(A) The complainant shall present his evidence, which may include witnesses testifying on the complainant’s behalf, first.
Any counter-complainant shall proceed next. The Auditor’s office will be represented by a qualified witness who shall
testify last unless the choice is made by the Auditor not to present testimony.
(B) The Board or its counsel may interrupt or examine the parties and their witnesses at any time.
(C) Limited cross-examination will be permitted between parties at the Board’s discretion. All questions and comments will
be addressed to the Board’s chairman.
(D) If the Board concludes that the appraisal or other evidence submitted in support of the asserted value in the property
valuation complaint is deficient, the Board may request the County Auditor to engage an independent appraiser to
prepare a fee appraisal of the subject property as of the tax lien date. The fee appraisal shall be submitted as evidence to
the Board. The independent appraiser shall be subject to examination by the Board and cross-examination by the
property owner or the property owner’s duly appointed representative.
10. Evidence
The Board need not consider any document or exhibit not specifically enumerated in these rules and which is offered for
purposes of the hearing and has been prepared by a person not present at the hearing and capable of being cross-examined by
the Board.
11. Continuance In Progress By The Board
The Board may continue a hearing in progress for the purpose of additional investigation of disputed matters or the purpose
of taking matters under advisement for opinions from statutory counsel.
12. Briefs
(A) At any time prior to the issuance of a final decision and order on a complaint, the Board may require briefs from the
parties. Briefs shall be filed within the time limits set by the Board. If any party fails to submit a brief within the time
limit, the Board may exclude the brief from its consideration.
(B) One complete and accurately conformed copy of each brief shall be filed with the signed original.
13. Voluntary Withdrawal
The complainant may voluntarily withdraw a complaint by filing a written notice of withdrawal at any time before the
commencement of the hearing. A voluntary withdrawal of an original complaint shall not affect the validity of a timely filed
counter-complaint.
14. Dismissal For Lack of Jurisdiction
The Board may journalize an order dismissing a complaint if the complaint is found to be defective and the Board lacks
jurisdiction to hear the complaint. .
15. Decisions
All decisions by the Board will be made on the record at a public hearing. Copies of said decisions will be mailed to all
parties by certified mail.
16. Documents
Pursuant to Revised Code Section 5715.07, all documents that are accepted into the record at the Board of Revision shall be
open to public inspection.
17. Fees
Anyone requesting a copy of any document of this Board shall be charged a reasonable fee therefor as set by the Board.
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