350 Neb. Admin. Code, ch. 17, § 006

Current through September 17, 2024
Section 350-17-006 - TAX EQUALIZATION AND REVIEW COMMISSION ORDER COMPLIANCE AUDIT
006.01 The PTA has a statutory obligation to make an examination of the records of any county that has been issued orders by the TERC following hearings to raise or lower the valuation of any class or subclass of real property. For purposes of this section, audit means a review of the county records to determine whether the county assessor has complied with the TERC's order and implemented the ordered valuation change.
006.02 On or before June 5 of each year, the county assessor of any county ordered by the TERC to adjust a class or subclass of real property must recertify the Real Property County Abstract to the PTA.
006.03 The PTA must audit the records of the county assessor to determine whether the orders were or were not implemented as required pursuant to Neb. Rev. Stat. § 77-5029. The audit must be completed between June 5th and July 15th. The audit report will include findings regarding all classes or subclasses ordered to be changed by the TERC. A copy of all worksheets prepared in conjunction with the audit indicating the property records reviewed must be attached to the report.
006.03A If after June 5 and prior to July 15 it is discovered that real property has not received the required adjustment as ordered, the county assessor and county board of equalization will be notified in writing by the PTA within seven days after such discovery.
006.03B If the county has not made the ordered adjustments as discovered by the audit the PTA will certify the results of the audit to TERC.
006.04 On or before August 1 of each year, the PTA will certify to the TERC an audit report indicating whether the ordered valuation change was implemented by the county assessor pursuant to Neb. Rev. Stat. § 77-5028.
006.05 The audit will consist of an examination of any documents relating to the class or subclass ordered adjusted by the TERC.
006.05A The examination will include the following:
006.05A(1) A review of the recertified Real Property County Abstract including assessed value updates compared to the original that was filed with the PTA on or before March 19 or March 25 for counties with a population of at least 150,000 inhabitants;
006.05A(2) A request for an electronic copy of land valuation tables, copies of electronic or hard copy property record cards displaying the value before the TERC order, and the value after June 5;
006.05A(3) Evidence that on or before June 1, notices of valuation changes were sent to the owners of record according to the county assessors records as of May 20, or lessees that are responsible for paying the property taxes pursuant to Neb. Rev. Stat. § 77-202.11 reflecting the increase or decrease ordered by the TERC; and
006.05A(4) A summary of the percentage change to a class or subclass between the original Real Property County Abstract that was filed on or before March 19 or on or before March 25 for counties with a population of at least 150,000 inhabitants, and the recertified Real Property County Abstract.
006.06 The audit must include a sample of at least 30 records selected at random for each class or subclass ordered adjusted by the TERC. The PTA has discretion to select additional records if he or she believes further investigation is needed.
006.06A The records selected for the random sample will be identified on a worksheet that may be modified as needed to be inclusive of all necessary information to illustrate compliance with the order.
006.07 If during the audit a county is discovered to have unacceptable assessment practices that would be evidenced through the examination of books, papers, records, or memoranda relating to the assessment of property, those practices may be addressed by the PTA as provided in Neb. Rev. Stat. § 77-1330.

Neb. Rev. Stat. §§ 77-702, 77-1330, 77-5028, and 77-5029.

350 Neb. Admin. Code, ch. 17, § 006