W. Va. Code R. § 110-1F-9

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 110-1F-9 - Agreements By Owner, Tax Commissioner And Assessor; Stipulations; Agreed Values To Be Used As Appraised Values

9.1. Tax Commissioner correcting clerical errors.

9.1.1. The Tax Commissioner may correct incorrect or improper appraised valuations with or without request from the property owner if he concludes they are incorrect or improper as a result of a clerical error, or a mistake occasioned by an unintentional or inadvertent act as distinguished from a mistake growing out of the exercise of judgment.

9.1.2. The Tax Commissioner may only correct such error or mistake prior to the county commission rendering a decision pursuant to W. Va. Code '11-1B-8.

9.1.3. Upon correcting such error or mistake, the Tax Commissioner shall give written notice thereof to the property owner, the appropriate assessor, county commission and sheriff of the county wherein the property is assessed for ad valorem taxation.

9.2. Tax Commissioner modifying appraised value. -- The Tax Commissioner may modify the appraised value if upon receipt of the property owner's petition for county commission review he determines the facts stated therein are correct.

9.2.1. The Tax Commissioner shall provide notice of the modified value to the property owner, the appropriate assessor, county commission and sheriff.

9.2.2. If the property owner agrees with the modified value,

9.2.2a. He shall so notify the Tax Commission and the county commission, and

9.2.2b. The county commission shall enter an order adopting such new value as the value of the property for ad valorem taxation.

9.2.3. If the owner further objects to the new value,

9.2.3a. He shall forthwith so inform the Tax Commissioner and the county commission, stating his reasons therefor, and

9.2.3b. The matter shall proceed to hearing as provided by W. Va. Code '11-1B-8.

9.2.4. If, upon notice of the modified value, the property owner takes no action within the appeal period, the modified value shall become the value of the property for ad valorem taxation.

9.3. Stipulations and agreements. -- The Tax Commissioner, property owners, any intervenors, the assessor or any of them may stipulate any issue or issues included in the review before the county commission.

9.3.1. The parties may agree upon a settlement of the matters and may jointly recommend to the county commission such stipulations and agreements. The Tax Commissioner must approve any stipulation or agreement before it is submitted to the county commission.

9.3.2. The county commission may accept or reject such stipulations and agreements.

9.3.2a. If accepted, the stipulations and agreements shall be entered by the county commission in the manner provided by the following subsection 9.4 of this regulation.

9.3.2b. If rejected, the county commission shall so inform the parties and proceed with the hearing.

9.4. Disposition of agreements and stipulations.

9.4.1. Any agreement so reached or stipulation so agreed upon shall be

9.4.1a. Presented by the parties in open hearing before the county commission, or

9.4.1b. Filed with the county commission in writing jointly agreed upon by the parties and made available for public inspection.

9.4.2. The presentation or writing shall include the reasons or rationale for the agreement or stipulation.

9.4.2. The county commission shall set forth in brief form the same reasons or rationale in any order which ratifies or confirms the agreement or stipulation.

9.4.4. If the effect of any agreement or stipulation is to fix the value of any property, it shall not be entered or accepted by the county commission and entered of record as finally fixing such value until

9.4.4a. A period of five (5) days shall have elapsed since the day of presentation in open hearing, or

9.4.4b. A period of five (5) days shall have elapsed since the day of filing with the county commission and made available for public inspection.

9.4.5. The agreement or stipulation shall not be objected to after the completion of the five (5) day period.

W. Va. Code R. § 110-1F-9