442 Neb. Admin. Code, ch. 9, § 009

Current through June 17, 2024
Section 442-9-009 - Commission Annual Equalization Review
009.01 The Commission shall meet annually for the purpose of reviewing and equalizing assessments of property for taxation within the state.
009.02 Action by Motion

The Commission may take action on any question upon motion by any Commissioner, second and roll call vote.

009.03 Counties Not Deemed Overvalued or Undervalued

The Commission may adopt a motion to issue Findings and Orders to take no action for any county.

009.04 Orders to Show Cause and Notice of Hearing
009.04A Order to Show Cause If the Commission determines that the level of assessment of a class or subclass of real property within a county may not satisfy the requirements of law, the Commission shall issue an Order to Show Cause and Notice of Hearing to the County and shall set a date for hearing at least five (5) days following the mailing of the Order to Show Cause and Notice of Hearing.
009.04B Notice of Hearing on Order to Show Cause. The Order to Show Cause and Notice of Hearing shall be sent by certified mail, postage prepaid (a return receipt may also be requested) to the county clerk, county assessor, chairperson of the county board, and the county attorney. The Order to Show Cause and Notice of Hearing shall also be provided to the Property Tax Administrator by delivery of a copy of the Order to the offices of the Property Tax Administrator or through the United States Postal Service by certified mail, a return receipt may be requested.
009.05 Consent

A legal representative of a County may consent to entry of the proposed order. Neb. Rev. Stat. § 77-5026.

009.06 Order for Adjustment after Show Cause Hearing
009.06A Content of Order. The order shall specify the percentage increase or decrease and the class or subclass of real property affected or the corrections or adjustments to be made to the class or subclass of property affected.
009.06B Delivery of the Order. The order of the Commission shall be sent by certified mail (a return receipt may be requested) to the county assessor and by regular mail to the county clerk and chairperson of the county board on or before May 15 of each year.
009.06C Compliance with the Order. The specified changes shall be made by the county assessor to each parcel or part of a parcel of real property in the county so affected. Neb. Rev. Stat. § 77-5028.
009.06C1 On or before June 5 of each year, the county assessor of any county adjusted by an order of the commission shall recertify the county abstract of assessment to the Property Tax Administrator. On or before August 1 of each year, the Property Tax Administrator shall certify to the Commission that any order issued pursuant to Neb. Rev. Stat. § 77-5028 was implemented by the county assessor. The Property Tax Administrator shall audit the records of the county assessor to determine whether the orders were implemented.
009.06C2 On or before August 10 of each year, the Property Tax Administrator shall certify the distributed taxable value of the property valued by the state (centrally assessed property), as equalized by the Commission to each county assessor.
009.07 Reconsideration of Order

The Commission may reconsider any Order issued by the Commission during the statewide equalization proceedings so long as five (5) calendar days notice is provided to the county clerk, county assessor, and chairperson of the county board. Any Order issued after reconsidering the original order must be issued before the date for completion of equalization of the same year as the original order.

442 Neb. Admin. Code, ch. 9, § 009