Rule 560-11-2-.35 - County Boards of Equalization-Disqualification(1) Before any appeal is heard by the members of a County Board of Equalization, each member of the Board shall certify, either verbally or in writing to all other members of the Board hearing the appeal, that he or she is not disqualified from hearing the appeal by virtue of the requirements as provided in O.C.G.A. § 48-5-311(j).(2) Pursuant to O.C.G.A. § 48-5-311(j), either party to the appeal may ask that those members of the Board hearing the appeal, to answer questions relating to his or her ability to serve as a member of the Board for that particular appeal, such as: (a) Are you related by blood or marriage to the appellant in this case, or to any member of the Board of Tax Assessors or its staff?(b) Are you related by blood or marriage to any person duly appointed to represent the appellant or the county's board of tax assessors in this case?(c) Are you employed, or is any member of your immediate family employed, by the parties in this case?(d) Do you have any financial or legal interest in the property subject to appeal in this case?(e) Have you formed any opinion that precludes you from setting a valuation on the property in question in accordance with Georgia law, which requires all property to be appraised at its fair market value, or from equalizing the assessments at 40% of fair market value?(f) Have you discussed the facts of this appeal with anyone other than a fellow Board of Equalization member?(g) Do you know of any other reason that you cannot render a fair and just decision regarding the property in question?(3) The members of a Board of Equalization shall answer all such questions under the previously taken oath pursuant to O.C.G.A. § 48-5-311(c)(5).(4) The Judge of Superior Court shall make necessary determinations of disqualification on the request of either party made as required by law.Ga. Comp. R. & Regs. R. 560-11-2-.35
Ga. L. 1937-38, Extra Sess., pp.77, et. Seq., as amended; GA. O.C.G.A. Secs. 48-5-311, 92-8405, 8406, 8409, 8427, Ga. L. 1972, pp. 1095, et seq. Effective August 7, 1973.
Original Rule was filed on July 18, 1973; effective August 7, 1973.Repealed: New Rule of same title adopted. F. Mar. 16, 2011; eff. Apr. 5, 2011.