Section 305.1 - Exchange of Information(a) Request for Exchange of Information. When the assessed value of the property involved, before deduction of any exemption accorded the property, is $100,000 or less, the applicant may file a written request for an exchange of information with the assessor; and when the assessed value before deduction of any exemption exceeds $100,000, either the applicant or the assessor may request such an exchange pursuant to section 1606 of the Revenue and Taxation Code. The request may be filed with the clerk at the time an application for hearing is filed or may be submitted to the other party and the clerk at any time prior to 30 days before the commencement of the hearing. For purposes of determining the date upon which the exchange was deemed initiated, the date of postmark as affixed by the United States Postal Service, or the date certified by a bona fide private courier service on the envelope or package containing the information shall control. The clerk shall, at the earliest opportunity, forward any request filed with the application or a copy thereof to the other party. The request shall contain the basis of the requesting party's opinion of value for each valuation date at issue and the following data: (1) Comparable Sales Data. If the opinion of value is to be supported with evidence of comparable sales, the properties sold shall be described by the assessor's parcel number, street address or legal description sufficient to identify them. With regard to each property sold there shall be presented the approximate date of sale, the price paid, the terms of sale (if known), and the zoning of the property.(2) Income Data. If the opinion of value is to be supported with evidence based on an income study, there shall be presented: the gross income, the allowable expenses, the capitalization method (direct capitalization or discounted cash flow analysis), and rate or rates employed.(3) Cost Data. If the opinion of value is to be supported with evidence of replacement cost, there shall be presented:(A) With regard to improvements to real property: the date of construction, type of construction, and replacement cost of construction.(B) With regard to machinery and equipment: the date of installation, replacement cost, and any history of extraordinary use.(C) With regard to both improvements and machinery and equipment: facts relating to depreciation, including any functional or economic obsolescence, and remaining economic life. The information exchanged shall provide reasonable notice to the other party concerning the subject matter of the evidence or testimony to be presented at the hearing. There is no requirement that the details of the evidence or testimony to be introduced must be exchanged.(b) Transmittal of Exchange Data to Other Party. If the party requesting an exchange of data under the preceding subsection has submitted the data required therein within the specified time, the other party shall submit a response to the initiating party and to the clerk at least 15 days prior to the hearing. The response shall be supported with the same type of data required of the requesting party. When the assessor is the respondent, he or she shall submit the response to the address shown on the application or on the request for exchange of information, whichever is filed later. The initiating party and the other party shall provide adequate methods of submission to ensure to the best of their ability that the exchange of information process is completed at least 10 days prior to the hearing.(c) Prohibited Evidence; New Material; Continuance. Whenever information has been exchanged pursuant to this regulation, the parties may introduce evidence only on matters pertaining to the information so exchanged unless the other party consents to introduction of other evidence. However, at the hearing, each party may introduce new material relating to the information received from the other party. If a party introduces such new material at the hearing, the other party, upon request, shall be granted a continuance for a reasonable period of time.(d) Nonresponse to Request for Exchange of Information. If one party initiates a request for information and the other party does not comply within the time specified in subsection (b), the board may grant a postponement for a reasonable period of time. The postponement shall extend the time for responding to the request. If the board finds willful noncompliance on the part of the noncomplying party, the hearing will be convened as originally scheduled and the noncomplying party may comment on evidence presented by the other party but shall not be permitted to introduce other evidence unless the other party consents to such introduction.Cal. Code Regs. Tit. 18, § 305.1
1. New section filed 5-7-70; effective thirtieth day thereafter (Register 70, No. 19).
2. Amendment of subsection (a)(1) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20).
3. Amendment filed 6-14-74 as an emergency; effective upon filing (Register 74, No. 24).
4. Certificate of Compliance filed 8-9-74 (Register 74, No. 32).
5. Repealer of NOTE filed 10-26-77; effective thirtieth day thereafter (Register 77, No. 44).
6. Amendment of subsections (a) and (c) filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
7. Amendment of section and NOTE filed 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
8. Change without regulatory effect amending subsections (a), (a)(3)(C) and (b) filed 9-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 38).
9. Amendment of subsections (a), (b) and (d) and amendment of NOTE filed 11-4-2019; operative 1-1-2020 (Register 2019, No. 45). Note: Authority cited: Section 15606(c), Government Code. Reference: Section 1606, Revenue and Taxation Code.
1. New section filed 5-7-70; effective thirtieth day thereafter (Register 70, No. 19).
2. Amendment of subsection (a)(1) filed 5-11-71; effective thirtieth day thereafter (Register 71, No. 20).
3. Amendment filed 6-14-74 as an emergency; effective upon filing (Register 74, No. 24).
4. Certificate of Compliance filed 8-9-74 (Register 74, No. 32).
5. Repealer of NOTEfiled 10-26-77; effective thirtieth day thereafter (Register 77, No. 44).
6. Amendment of subsections (a) and (c) filed 1-11-83; effective thirtieth day thereafter (Register 83, No. 3).
7. Amendment of section and Notefiled 3-23-2000; operative 4-22-2000 (Register 2000, No. 12).
8. Change without regulatory effect amending subsections (a), (a)(3)(C) and (b) filed 9-19-2002 pursuant to section 100, title 1, California Code of Regulations (Register 2002, No. 38).
9. Amendment of subsections (a), (b) and (d) and amendment of Note filed 11-4-2019; operative 1/1/2020 (Register 2019, No. 45).