Hart County
Board of Equalization
P.O. Box 236
Hartwell, GA 30643
706-376-7189
Georgia Code 48-5-311.
(a) Establishment.
(1) There is established in each county of the state a county
board of equalization to consist of three members and three alternate
members appointed in the manner and for the term set forth in
this Code section. In those counties having more than 10,000 parcels
of real property, the county governing authority, by appropriate
resolution adopted on or before November 1 of each year, may elect
to have selected one additional county board of equalization for
each 10,000 parcels of real property in the county or for any
part of a number of parcels in the county exceeding 10,000 parcels.
(2) Notwithstanding any part of this subsection to the contrary,
at any time the governing authority of a county makes a request
to the grand jury of the county for additional alternate members
of boards of equalization, the grand jury shall appoint the number
of alternate members so requested to each board of equalization,
such number not to exceed a maximum of 21 alternate members for
each of the boards. The alternate members of the boards shall
be duly qualified and authorized to serve on any of the boards
of equalization of the county. The grand jury of any such county
may designate a chairperson and two vice chairpersons of each
such board of equalization. The chairperson and vice chairpersons
shall be vested with full administrative authority in calling
and conducting the business of the board. Any combination of members
or alternate members of any such board of equalization of the
county shall be competent to exercise the power and authority
of the board. Any person designated as an alternate member of
any such board of equalization of the county shall be competent
to serve in such capacity as provided in this Code section upon
appointment and taking of oath.
(3) Notwithstanding any provision of this subsection to the contrary,
in any county of this state having a population of 400,000 or
more according to the United States decennial census of 1990 or
any future such census, the governing authority of the county,
by appropriate resolution adopted on or before November 1 of each
year, may elect to have selected one additional county board of
equalization for each 10,000 parcels of real property in the county
or for any part of a number of parcels in the county exceeding
10,000 parcels. In addition to the foregoing, any two members
of a county board of equalization of the county may decide an
appeal from an assessment, notwithstanding any other provisions
of this Code section. The decision shall be in writing and signed
by at least two members of the board of equalization; and, except
for the number of members necessary to decide an appeal, the decision
shall conform to the requirements of this Code section.
(4) Reserved.
(b) Qualifications.
(1) Each person who is, in the judgment of the appointing grand
jury, qualified and competent to serve as a grand juror, who is
the owner of real property, and who is at least a high school
graduate shall be qualified, competent, and compellable to serve
as a member or alternate member of the county board of equalization.
No member of the governing authority of a county, municipality,
or consolidated government; member of a county or independent
board of education; member of the county board of tax assessors;
employee of the county board of tax assessors; or county tax appraiser
shall be competent to serve as a member or alternate member of
the county board of equalization.
(2)(A) Within the first year after a member´s initial appointment
to the board of equalization on or after January 1, 1981, each
member shall satisfactorily complete not less than 40 hours of
instruction in appraisal and equalization processes and procedures,
as prepared and required by the commissioner. The failure of any
member to fulfill the requirements of this subparagraph shall
render that member ineligible to serve on the board; and the vacancy
created thereby shall be filled in the same manner as other vacancies
on the board are filled.
(B) No person shall be eligible to hear an appeal as a member
of a board of equalization on or after January 1, 1995, unless
prior to hearing such appeal, that person shall satisfactorily
complete the 40 hours of instruction in appraisal and equalization
processes and procedures required under subparagraph (A) of this
paragraph. Any person appointed to such board shall be required
to complete annually a continuing education requirement of at
least eight hours of instruction in appraisal and equalization
procedures, as prepared and required by the commissioner. The
failure of any member to fulfill the requirements of this subparagraph
shall render that member ineligible to serve on the board; and
the vacancy created thereby shall be filled in the same manner
as other vacancies on the board are filled.
(c) Appointment.
(1) Except as provided in paragraph (2) of this subsection, each
member and alternate member of the county board of equalization
shall be appointed for a term of three calendar years next succeeding
the date of such member or such alternate member´s selection.
Each term shall begin on January 1.
(2) The grand jury in each county at any term of court preceding
November 1 of 1991 shall select three persons who are otherwise
qualified to serve as members of the county board of equalization
and shall also select three persons who are otherwise qualified
to serve as alternate members of the county board of equalization.
The three individuals selected as alternates shall be designated
as alternate one, alternate two, and alternate three, with the
most recent appointee being alternate number three, the next most
recent appointee being alternate number two, and the most senior
appointee being alternate number one. One member and one alternate
shall be appointed for terms of one year, one member and one alternate
shall be appointed for two years, and one member and one alternate
shall be appointed for three years. Each year thereafter, the
grand jury of each county shall select one member and one alternate
for three-year terms.
(3) If a vacancy occurs on the county board of equalization, the
individual designated as alternate one shall then serve as a member
of the board of equalization for the unexpired term. If a vacancy
occurs among the alternate members, the grand jury then in session
or the next grand jury shall select an individual who is otherwise
qualified to serve as an alternate member of the county board
of equalization for the unexpired term. The individual so selected
shall become alternate member three, and the other two alternates
shall be redesignated appropriately.
(4) Within five days after the names of the members and alternate
members of the county board or boards of equalization have been
selected, the clerk of the superior court shall issue and deliver
to the sheriff or deputy sheriff a precept containing the names
of the persons so selected. Within ten days of receiving the precept,
the sheriff or deputy sheriff shall cause the persons whose names
are written on the precept to be served personally or by leaving
the summons at their place of residence. The summons shall direct
the persons named on the summons to appear before the clerk of
the superior court on a date specified in the summons, which date
shall not be later than December 15.
(5) Each member and alternate member of the county board of equalization,
on the date prescribed for appearance before the clerk of the
superior court and before entering on the discharge of such member
and alternate member´s duties, shall take and subscribe
before the clerk of the superior court the following oath:
'You shall faithfully and impartially discharge the duty of members
and alternate members of the board of equalization for the County
of ______________, in accordance with the Constitution and laws
of this state, to the best of your skill and knowledge. So help
you God.'
In addition to the oath of office prescribed in this paragraph,
the judge of the superior court shall charge each member and alternate
member of the county board of equalization with the law and duties
relating to such office.
(d) Duties and powers.
(1) The county board of equalization shall hear and determine
appeals from assessments and denials of homestead exemptions as
provided in subsection (e) of this Code section.
(2) If in the course of determining an appeal the county board
of equalization finds reason to believe that the property involved
in an appeal or the class of property in which is included the
property involved in an appeal is not uniformly assessed with
other property included in the digest, the board shall request
the respective parties to the appeal to present relevant information
with respect to that question. If the board determines that uniformity
is not present, the board may order the county board of tax assessors
to take such action as is necessary to obtain uniformity, except
that, when a question of county-wide uniformity is considered
by the board, the board may order a partial or total county-wide
revaluation only upon a determination by a majority of all the
members of the board that the clear and convincing weight of the
evidence requires such action. The board of equalization may act
pursuant to this paragraph whether or not the appellant has raised
the issue of uniformity.
(3) The board shall establish by regulation procedures, not in
conflict with the regulations promulgated by the commissioner
pursuant to subparagraph (e)(5)(B) of this Code section, for the
conducting of appeals before the board. The procedures shall be
entered into the minutes of the board and a copy of the procedures
shall be made available to any individual upon request.
(e) Appeal.
(1)(A) Any resident or nonresident taxpayer may appeal from an
assessment by the county board of tax assessors to the county
board of equalization or to an arbitrator or arbitrators as to
matters of taxability, uniformity of assessment, and value, and,
for residents, as to denials of homestead exemptions.
(B) In addition to the grounds enumerated in subparagraph (A)
of this paragraph, any resident or nonresident taxpayer having
property that is located within a municipality, the boundaries
of which municipality extend into more than one county, may also
appeal from an assessment on such property by the county board
of tax assessors to the county board of equalization or to an
arbitrator or arbitrators as to matters of uniformity of assessment
of their property with other properties located within such municipality,
and any uniformity adjustments to the assessment that may result
from such appeal shall only apply for municipal ad valorem tax
purposes.
(C) Appeals to the county board of equalization shall be conducted
in the manner provided in paragraph (2) of this subsection. Appeals
to an arbitrator or arbitrators shall be conducted in the manner
specified in subsection (f) of this Code section. Such appeal
proceedings shall be conducted between the hours of 8:00 A.M.
and 7:00 P.M. on a business day. Following the notification of
the taxpayer of the date and time of their scheduled hearing,
the taxpayer shall be authorized to exercise a one-time option
of changing the date and time of the taxpayer´s scheduled
hearing to a day and time acceptable to the taxpayer.
(2)(A) An appeal shall be effected by mailing to or filing with
the county board of tax assessors a notice of appeal within 45
days from the date of mailing the notice pursuant to Code Section
48-5-306 except that for counties or municipal corporations providing
for the collection and payment of ad valorem taxes in installments
the time for filing the notice of appeal shall be 30 days. A written
objection to an assessment of real property received by a county
board of tax assessors stating the location of the real property
and the identification number, if any, contained in the tax notice
shall be deemed a notice of appeal by the taxpayer under the grounds
listed in paragraph (1) of this subsection. Any such notice of
appeal which is mailed pursuant to this subparagraph shall be
deemed to be filed as of the date of the United States Postal
Service postmark on such notice of appeal. A written objection
to an assessment of personal property received by a county board
of tax assessors giving the account number, if any, contained
in the tax notice and stating that the objection is to an assessment
of personal property shall be deemed a notice of appeal by the
taxpayer under the grounds listed in paragraph (1) of this subsection.
The county board of tax assessors shall review the valuation or
denial in question and, if any changes or corrections are made
in the valuation or decision in question, the board shall send
a notice of the changes or corrections to the taxpayer pursuant
to Code Section 48-5-306. Such notice shall also explain the taxpayer´s
right to appeal to the county board of equalization as provided
in subparagraph (C) of this paragraph if the taxpayer is dissatisfied
with the changes or corrections made by the county board of tax
assessors.
(B) If no changes or corrections are made in the valuation or
decision, the county board of tax assessors shall send written
notice thereof to the taxpayer and to the county board of equalization
which notice shall also constitute the taxpayer´s appeal
to the county board of equalization without the necessity of the
taxpayer´s filing any additional notice of appeal to the
county board of tax assessors or to the county board of equalization.
The county board of tax assessors shall also send or deliver all
necessary papers to the county board of equalization.
(C) If changes or corrections are made by the county board of
tax assessors, the board shall notify the taxpayer in writing
of such changes. If the taxpayer is dissatisfied with such changes
or corrections, the taxpayer shall, within 21 days of the date
of mailing of the change notice, institute an appeal to the county
board of equalization by mailing to or filing with the county
board of tax assessors a written notice of appeal. Any such notice
of appeal which is mailed pursuant to this subparagraph shall
be deemed to be filed as of the date of the United States Postal
Service postmark on such notice of appeal. The county board of
tax assessors shall send or deliver the notice of appeal and all
necessary papers to the county board of equalization.
(D) The written notice to the taxpayer required by this paragraph
shall contain a statement of the grounds for rejection of any
position the taxpayer has asserted with regard to the valuation
of the property. No addition to or amendment of such grounds as
to such position shall be permitted before the county board of
equalization or in any arbitration proceedings.
(3) In any year in which no county-wide revaluation is implemented,
the county board of tax assessors shall make its determination
and notify the taxpayer within 180 days after receipt of the taxpayer´s
notice of appeal. If the county board of tax assessors fails to
respond to the taxpayer within such 180 day period during such
year, the appeal shall be automatically referred to the county
board of equalization. This paragraph shall not apply to any county
whose digest for the current year cannot be approved by the commissioner
pursuant to subsection (a) of Code Section 48-5-304.
(4) The determination by the county board of tax assessors of
questions of factual characteristics of the property under appeal,
as opposed to questions of value, shall be prima-facie correct
in any appeal to the county board of equalization. However, the
board of tax assessors shall have the burden of proving their
opinions of value and the validity of their proposed assessment
by a preponderance of evidence.
(5)(A) The county board of equalization shall determine all questions
presented to it on the basis of the best information available
to the board.
(B) The commissioner, by regulation, may adopt uniform procedures
and standards which, when approved by the State Board of Equalization,
shall be followed by county boards of equalization in determining
appeals.
(6)(A) Within 15 days of the receipt of the notice of appeal,
the county board of equalization shall set a date for a hearing
on the questions presented and shall so notify the taxpayer and
the county board of tax assessors in writing. A taxpayer may appear
before the board concerning any appeal in person, by his or her
authorized agent or representative, or both. The taxpayer shall
specify in writing to the board the name of any such agent or
representative prior to any appearance by the agent or representative
before the board.
(B) Within 30 days of the date of notification to the taxpayer
of the hearing required in this paragraph but not earlier than
20 days from the date of such notification to the taxpayer, the
county board of equalization shall hold such hearing to determine
the questions presented.
(C) If more than one contiguous property of a taxpayer is under
appeal, the board of equalization shall, upon request of the taxpayer,
consolidate all such appeals in one hearing and render separate
decisions as to each parcel or item of property. Any appeal from
such a consolidated board of equalization hearing to the superior
court as provided in this subsection shall constitute a single
civil action, and, unless the taxpayer specifically so indicates
in his or her notice of appeal, shall apply to all such parcels
or items of property.
(D)(i) The decision of the county board of equalization shall
be in writing, shall be signed by each member of the board, shall
specifically decide each question presented by the appeal, shall
specify the reason or reasons for each such decision as to the
specific issues of taxability, uniformity of assessment, value,
or denial of homestead exemptions depending upon the specific
issue or issues raised by the taxpayer in the course of such taxpayer´s
appeal, shall state that with respect to the appeal no member
of the board is disqualified from acting by virtue of subsection
(j) of this Code section, and shall certify the date on which
notice of the decision is given to the parties. Notice of the
decision shall be given to each party by sending a copy of the
decision by registered or certified mail or statutory overnight
delivery to the appellant and by filing the original copy of the
decision with the county board of tax assessors. Each of the three
members of the county board of equalization must be present and
must participate in the deliberations on any appeal. A majority
vote shall be required in any matter. All three members of the
board must sign the decision indicating their vote.
(ii) Except as otherwise provided in subparagraph (g)(4)(B) of
this Code section, the county board of tax assessors shall use
the valuation of the county board of equalization in compiling
the tax digest for the county for the year in question and shall
indicate such valuation as the previous year´s value on
the property tax notice of assessment of such taxpayer for the
immediately following year rather than substituting the valuation
which was changed by the county board of equalization.
(iii)(I) If the county´s tax bills are issued before the
county board of equalization has rendered its decision on property
which is on appeal, the county board of tax assessors shall specify
to the county tax commissioner the higher of the taxpayer´s
return valuation or 85 percent of the current year´s valuation
as set by the county board of tax assessors. This amount shall
be the basis for a temporary tax bill to be issued. Such tax bill
shall be accompanied by a notice to the taxpayer that the bill
is a temporary tax bill pending the outcome of the appeal process.
Such notice shall also indicate that upon resolution of the appeal,
there may be additional taxes due or a refund issued.
(II) If the final determination of the value on appeal is less
than the valuation thus used, the taxpayer shall receive a deduction
in such taxpayer´s taxes for the year in question. Such
deduction shall be refunded to the taxpayer and shall include
interest on the amount of such deduction at the same rate as specified
in Code Section 48-2-35 which shall accrue from November 15 of
the taxable year in question or the date the final installment
of the tax was due or was paid, whichever is later. In no event
shall the amount of such interest exceed $150.00.
(III) If the final determination of value on appeal is greater
than the valuation thus used, the taxpayer shall be liable for
the increase in taxes for the year in question due to the increased
valuation fixed on appeal with interest at the rate as specified
in Code Section 48-2-35. Such interest shall accrue from November
15 of the taxable year in question or the date the final installment
of the tax was due to the date the additional taxes are remitted,
but in no event shall such interest accrue for a period of more
than 180 days. Any taxpayer shall be exempt each taxable year
from any such interest owed under this subdivision with respect
to such taxpayer´s homestead property.
(7) The county governing authority shall furnish the county board
of equalization necessary facilities and secretarial and clerical
help. The secretary of the county board of tax assessors shall
see that the records and information of the county board of tax
assessors are transmitted to the county board of equalization.
The county board of equalization must consider in the performance
of its duties the information furnished by the county board of
tax assessors and the taxpayer.
(8) The taxpayer or his or her agent or representative may submit
in support of his or her appeal the most current report of the
sales ratio study for the county conducted pursuant to Code Section
48-5-274. The board must consider the study upon any such request.
(f) Arbitration.
(1) At the option of the taxpayer an appeal shall be submitted
to arbitration.
(2) Following an election by the taxpayer under paragraph (1)
of this subsection, an arbitration appeal shall be effected by
the taxpayer´s filing a written notice of arbitration with
the county board of tax assessors. The notice of arbitration shall
specifically state the grounds for arbitration. The notice shall
be filed within 45 days from the date of mailing the notice pursuant
to Code Section 48-5-306 except that for counties or municipal
corporations providing for the collection and payment of ad valorem
taxes in installments the time for filing the notice of appeal
shall be 30 days. The county board of tax assessors shall certify
to the clerk of the superior court the notice of arbitration and
any other papers specified by the person seeking arbitration including,
but not limited to, the staff information from the file used by
the county board of tax assessors. All papers and information
certified to the clerk shall become a part of the record on arbitration.
Within 15 days of the filing of the certification to the clerk
of the superior court, the judge shall issue an order authorizing
the arbitration and appointing a referee.
(3) The arbitration of the correctness of the decision of the
county board of tax assessors shall be conducted pursuant to the
procedures outlined in Article 2 of Chapter 9 of Title 9 with
the following exceptions:
(A) If both parties agree, the matter may be submitted to a single
arbitrator. If both parties agree, the referee may serve as the
single arbitrator;
(B) If the parties do not agree to a single arbitrator, then three
arbitrators shall hear the appeal. Such arbitrators shall be appointed
as provided in Code Section 9-9-67. If one or both parties are
unable to select an arbitrator, the appeal shall be heard by a
single arbitrator who shall be appointed by the judge of the superior
court as provided in Code Section 9-9-67;
(C) In order to be qualified to serve as an arbitrator, a person
must be at least a registered real estate appraiser as classified
by the Georgia Real Estate Appraisers Board;
(D) The arbitrator or a majority of the arbitrators, as applicable,
within 30 days after their appointment shall render a decision
regarding the correctness of the decision of the county board
of tax assessors and, if correction of the decision is required,
regarding the extent and manner in which the decision should be
corrected. The decision of the arbitrator or arbitrators, as applicable,
may be appealed to the superior court in the same manner as a
decision of the board of equalization;
(E) The taxpayer shall be responsible for the fees and costs of
such taxpayer´s arbitrator and the county shall be responsible
for the fees and costs of such county´s arbitrator. The
two parties shall each be responsible for one-half of the fees
and costs of the third arbitrator. In the event the appeal is
submitted to a single arbitrator, the two parties shall each be
responsible for one-half of the fees and costs of such arbitrator;
and
(F) The board of tax assessors shall have the burden of proving
their opinions of value and the validity of their proposed assessment
by a preponderance of evidence.
(g) Appeals to the superior court.
(1) The taxpayer or, except as otherwise provided in this paragraph,
the county board of tax assessors may appeal decisions of the
county board of equalization, the arbitrator, or the arbitrators,
as applicable, to the superior court of the county in which the
property lies. A county board of tax assessors may not appeal
a decision of the county board of equalization changing an assessment
by 15 percent or less unless the board of tax assessors gives
the county governing authority a written notice of its intention
to appeal and within ten days of receipt of the notice the county
governing authority by majority vote does not prohibit the appeal.
In the case of a joint city-county board of tax assessors, such
notice shall be given to the city and county governing authorities,
either of which may prohibit the appeal by majority vote within
the allowed period of time.
(2) An appeal by the taxpayer as provided in paragraph (1) of
this subsection shall be effected by mailing to or filing with
the county board of tax assessors a written notice of appeal.
Any such notice of appeal which is mailed pursuant to this paragraph
shall be deemed to be filed as of the date of the United States
Postal Service postmark on such notice of appeal. An appeal by
the county board of tax assessors shall be effected by giving
notice to the taxpayer. The notice to the taxpayer shall be dated
and shall contain the name and the last known address of the taxpayer.
The notice of appeal shall specifically state the grounds for
appeal. The notice shall be mailed or filed within 30 days from
the date on which the decision of the county board of equalization
is mailed pursuant to subparagraph (e)(6)(D) of this Code section
or within 30 days from the date on which the arbitration decision
is rendered pursuant to subparagraph (f)(3)(D) of this Code section,
whichever is applicable. The county board of tax assessors shall
certify to the clerk of the superior court the notice of appeal
and any other papers specified by the person appealing including,
but not limited to, the staff information from the file used by
either the county board of tax assessors or the county board of
equalization. All papers and information certified to the clerk
shall become a part of the record on appeal to the superior court.
At the time of certification of the appeal, the county board of
tax assessors shall serve the taxpayer or his or her attorney
or agent of record with a copy of the notice of appeal and with
the civil action file number assigned to the appeal. Such service
shall be effected in accordance with subsection (b) of Code Section
9-11-5. No discovery, motions, or other pleadings may be filed
by the county board of tax assessors in the appeal until such
service has been made.
(3) The appeal shall constitute a de novo action. The board of
tax assessors shall have the burden of proving their opinions
of value and the validity of their proposed assessment by a preponderance
of evidence. Upon a failure of the board of tax assessors to meet
such burden of proof, the court may, upon motion or sua sponte,
authorize the finding that the value asserted by the taxpayer
is unreasonable and authorize the determination of the final value
of the property.
(4)(A) The appeal shall be heard before a jury at the first term
following the filing of the appeal unless continued by the court
upon a showing of good cause. If only questions of law are presented
in the appeal, the appeal shall be heard as soon as practicable
before the court sitting without a jury. Each hearing before the
court sitting without a jury shall be held within 40 days following
the date on which the appeal is filed with the clerk of the superior
court. The time of any hearing shall be set in consultation with
the taxpayer and at a time acceptable to the taxpayer between
the hours of 8:00 A.M. and 7:00 P.M. on a business day.
(B)(i) The county board of tax assessors shall use the valuation
of the county board of equalization in compiling the tax digest
for the county. If the final determination of value on appeal
is less than the valuation set by the county board of equalization,
the arbitrator, or the arbitrators, as applicable, the taxpayer
shall receive a deduction in such taxpayer´s taxes for the
year in question. Such deduction shall be refunded to the taxpayer
and shall include interest on the amount of such deduction at
the same rate as specified in Code Section 48-2-35 which shall
accrue from November 15 of the taxable year in question or the
date the final installment of the tax was due or was paid, whichever
is later. In no event shall the amount of such interest exceed
$150.00.
(ii) If the final determination of value on appeal is 80 percent
or less of the valuation set by the county board of equalization
as to commercial property, or 85 percent or less of the valuation
set by the county board of equalization as to other property,
the taxpayer, in addition to the interest provided for by this
paragraph, shall recover costs of litigation and reasonable attorney´s
fees incurred in the action. This division shall not apply when
the property owner has failed to return for taxation the property
that is under appeal.
(iii) If the final determination of value on appeal is greater
than the valuation set by the county board of equalization, the
arbitrator, or the arbitrators, as applicable, the taxpayer shall
be liable for the increase in taxes for the year in question due
to the increased valuation fixed on appeal with interest at the
same rate as specified in Code Section 48-2-35. Such interest
shall accrue from November 15 of the taxable year in question
or the date the final installment of tax was due to the date the
additional taxes are remitted, but in no event shall such interest
accrue for a period of more than 180 days. Any taxpayer shall
be exempt each taxable year from any such interest owed under
this subparagraph with respect to such taxpayer´s homestead
property.
(h) In the course of any assessment, appeal, or arbitration, or
any related proceeding, the taxpayer shall be entitled to make
audio recordings of any interview with any officer or employee
of the taxing authority relating to the valuation of the taxpayer´s
property subject to such assessment, appeal, arbitration, or related
proceeding, at the taxpayer´s expense and with equipment
provided by the taxpayer, and no such officer or employee may
refuse to participate in an interview relating to such valuation
for reason of the taxpayer´s choice to record such interview.
(i) Alternate members. Alternate members of the county board of
equalization in the order in which selected shall serve:
(1) As members of the county board of equalization in the event
there is a permanent vacancy on the board created by the death,
ineligibility, removal from the county, or incapacitating illness
of a member or by any other circumstances. An alternate member
who fills a permanent vacancy shall be considered a member of
the board for the remainder of the unexpired term;
(2) In any appeal with respect to which a member of the board
is disqualified and shall be considered a member of the board;
or
(3) In any appeal at a regularly scheduled or called meeting in
the absence of a member and shall be considered a member of the
board.
(j) Disqualification.
(1) No member of the county board of equalization shall serve
with respect to any appeal concerning which he or she would be
subject to a challenge for cause if he or she were a member of
a panel of jurors in a civil case involving the same subject matter.
(2) The parties to an appeal to the county board of equalization
shall file in writing with the appeal, in the case of the person
appealing, or, in the case of the county board of tax assessors,
with the certificate transmitting the appeal, questions relating
to the disqualification of members of the county board of equalization.
Each question shall be phrased so that it can be answered by an
affirmative or negative response. The members of the county board
of equalization shall, in writing under oath within two days of
their receipt of the appeal, answer the questions and any question
which may be adopted pursuant to subparagraph (e)(5)(B) of this
Code section. Answers of the county board of equalization shall
be part of the decision of the board and shall be served on each
party by first-class mail. Determination of disqualification shall
be made by the judge of the superior court upon the request of
any party when the request is made within two days of the response
of the board to the questions. The time prescribed under subparagraph
(e)(6)(A) of this Code section shall be tolled pending the determination
by the judge of the superior court.
(k) Compensation. Each member of the county board of equalization
shall be compensated by the county per diem for time expended
in considering appeals. The compensation shall be paid at a rate
of not less than $25.00 per day and shall be determined by the
county governing authority. The attendance at required approved
appraisal courses shall be part of the official duties of a member
of the board, and he or she shall be paid for each day in attendance
at such courses and shall be allowed reasonable expenses necessarily
incurred in connection with such courses. Compensation pursuant
to this subsection shall be paid from the county treasury upon
certification by the member of the days expended in consideration
of appeals |