Recommendation for Resolving an Appeal

RECOMMENDATION FOR RESOLVING AN APPEAL

The Board encourages the parties to discuss the appeal issues in an effort to reach resolution.  These discussions can take place before, during and after an Appeal Management Conference, Online Dispute Resolution, or Settlement Conference.

If the parties reach an agreement on the outcome of an appeal, they should detail their agreement in writing and submit it to the Board for consideration.  This is called a Recommendation.  The parties must use the Board’s Form for this purpose.  The Recommendation must be signed by all parties (or by their agents or lawyers) and must include adequate reasons to support the recommended change to the roll.  For Online Dispute Resolution appeals, use the button labelled “Prepare Settlement”.

The parties may submit a Recommendation to the Board at any time after an appeal has been filed.  If a hearing has been set, the Recommendation should be submitted preferably no later than two weeks prior to the hearing.  Unless the Board advises otherwise, the hearing will be adjourned pending the Board’s consideration of the Recommendation.

The Board may ask for more information or submissions from the parties to support the Recommendation.  Because of its duty to ensure the assessment is accurate and at actual value, the Board must approve all Recommendations.

A Recommendation can also result from a Settlement Conference.  If the parties settle, that settlement will be treated in the same way as a Recommendation and must be approved by the Board.

If the Board accepts the Recommendation, it will issue a final Board Order confirming the changes to the assessment.  If the Recommendation is not approved, the Board will contact the parties and advise of the next steps in the appeal.
 

January 2021