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         Rules of Practice and Procedure

The following rules of practice and procedure before the Franklin County Board of Revision shall apply to all complaints filed by owners of commercial or income producing property.

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>> Financial Information

The owner must submit to the Board no later than at the time of the complaint hearing, the following information:

1. Complete income and expense information for the tax year for which the complaint was filed and the two previous years.

2. Rent rolls showing tenants and rental rates as of January 1 of the tax year for which the complaint was filed and all rent changes that took place that year, including any rent reductions and other incentives.

3. The Board may request additional information prior to the hearing or at the time of the hearing. The owner shall be given sufficient time in which to prepare such information.

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>>Verification of Financial Information

All financial information referred to in Rule 1 shall be verified as follows:

1. Income and expense information shall be set forth in a statement(s) prepared by an independent accountant, including all notes and other material included in such audited statement(s); or

2. The owner or manager of the property, who has personal knowledge of the operations of the property, shall appear as a witness before the Board and be prepared to testify as to the accuracy and completeness of the financial information.

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>>Failure to Submit Requested Information

The Board shall decide a complaint based on the evidence in the record, if the complainant fails to submit any information in accordance with Rules 1 and 2.

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>>Request For Narrative Appraisal

The Board may request, either before or at the time of the hearing, that a narrative appraisal be submitted to the Board. The Board shall give the owner sufficient time in which to have the appraisal prepared and shall hold the complaint pending during such time. Failure to submit an appraisal after a request by the Board shall cause the Board to decide the case based on the evidence in the record.

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>>Hearsay Evidence

The Board will not accept hearsay evidence, in the form of documents or oral testimony, concerning (A) the terms and conditions of a sale or the motives of the parties to the sale; (B) the owner's opinion of the value of the property; (C) financial data; or (D) the conditions or operations of the property. Hearsay evidence is a statement by one person as to what another person said or thinks. A person with actual and personal knowledge of these matters must be present to testify before the Board.

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>>Appraisal Evidence and Opinions of Value by Tax Representatives, Attorneys, and Other Agents

Appraisal evidence and opinions of value, either written or oral, of tax representatives, attorneys, or other agents, shall not be accepted by the Board, unless both Paragraphs (a) and (b) of this Rule are satisfied:

1. Qualified Expert Appraiser

   The tax representative, attorney, or agent qualifies as an expert appraiser. Qualification as an expert appraiser must be based upon either of the following:

   1. Designation by a national appraisal organization or society sufficient to indicate a good standing in the appraisal profession;

   2. Satisfactory completion of courses of instruction in appraisal theory and practice, and actual full-time practice as an appraiser of such a length of time to indicate a professional expertise in appraisals.

   
   The Board will rule on the appraisal qualifications of any such witness before he or she is permitted to testify or to present appraisal evidence.
   
   

2. Independent Expert

   Persons who have an interest in the case, in the form of a contingent fee or other form of compensation directly or indirectly based upon the outcome of the case, shall not be permitted to give appraisal evidence or an opinion of value to the Board. All agents or other representatives presenting evidence to the Board shall present a copy of their contract with the owner to the Board at the time of the hearing.

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>>Letter of Appraisals

The Board will not accept letter appraisals or tentative opinions of value from an appraiser without sufficient supporting market data in the form of verified comparables sales, verified rent comparables, or cost data. An appraiser's unsupported opinion of value is of no benefit to the Board.

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>>Cross-Examination

All parties will be permitted, under the Board's supervision, to cross-examine witnesses of other parties.

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Failure of Owner or Knowledgeable Person to Appear

Failure of the owner or other persons with actual and personal knowledge of the operations and financial aspects of the property to appear in support of a complaint shall cause the Board to decide the case based upon the evidence in the record.

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>>Continuances

A continuance of the hearing will be granted upon request in writing based upon showing good cause for the continuance.

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