Iowa Admin. Code r. 701-71.27

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 701-71.27 - Assessor shall not assess own property

(1)Assessor and deputy assessor prohibited from assessing own property. An assessor or deputy assessor shall not personally assess a property if the assessor or deputy assessor owns the property, has a financial interest in the property, or has a financial interest in the entity that owns the property. The assessing jurisdiction shall pay all costs and expenses associated with the assessment of the above property.

(2)Certification to the department.

a. Not later than January 1 of each year, assessors shall certify to the director that the assessor did not personally assess the following property in the previous assessment year:

(1) Property owned by the assessor;

(2) Property in which the assessor has a financial interest;

(3) Property owned by an entity in which the assessor has a financial interest.

b. Not later than January 1 of each year, deputy assessors shall certify to the director that the deputy assessor did not personally assess the following property in the previous assessment year:

(1) Property owned by the deputy assessor;

(2) Property in which the deputy assessor has a financial interest;

(3) Property owned by an entity in which the deputy assessor has a financial interest.

c. Assessors and deputy assessors shall use forms and procedures prescribed and provided by the director for the certifications described in paragraphs 71.27(2)"a" and "b."

(3)Powers and duties of director. The director shall have and assume all of the powers and duties under Iowa Code section 421.17 in administering this rule.

(4)Definitions. For purposes of this rule, the following definitions shall govern.

"Financial interest" includes but is not limited to the holding of legal title to real property or any ownership interest in an entity that holds legal title to real property. Notwithstanding the preceding sentence, ownership interest in an entity shall not be deemed a "financial interest" when a person's ownership interest equals less than 10 percent of the entity's total ownership interest.

"Personally assess" means engaging in the listing, valuation, and classification of real property.

This rule is intended to implement Iowa Code section 441.17.

Iowa Admin. Code r. 701-71.27

Adopted by IAB November 18, 2020/Volume XLIII, Number 11, effective 12/23/2020

Amended by IAB November 3, 2021/Volume XLIV, Number 9, effective 12/8/2021