Colorado § 39-9-103 - Duties of state board - enforcement - reappraisal orders.

§ 39-9-103. Duties of state board - enforcement - reappraisal orders.

(1) The state board of equalization shall order reappraisals of classes as provided in section 39-1-105.5, make other orders as provided in said section, and perform such other duties as are provided for in said section.

(2) The state board of equalization shall conduct hearings on petitions filed by the administrator for the reappraisal of one or more classes or subclasses of taxable property pursuant to section 39-2-114. The state board of equalization shall also conduct hearings upon complaints filed by the administrator, upon his own motion or upon petition by any tax-levying authority in this state, concerning valuation for assessment of one or more classes or subclasses of taxable property if a reappraisal has not been conducted or ordered pursuant to the provisions of section 39-2-114. Decisions of the state board of equalization shall be subject to judicial review as provided in section 24-4-106, C.R.S.

(3) Said board may compel compliance with its orders by proceedings in the nature of mandamus, by injunction, or by other appropriate civil remedies.

(4) It is the duty of the state board of equalization to examine and review the valuations for assessment of taxes upon the various classes and subclasses of taxable real and personal property located in the several counties of the state as reflected in the abstract of assessment of each county, the decisions of the board of assessment appeals, the recommendations of the administrator, and, effective January 1, 1983, the study conducted by the director of research of the legislative council pursuant to section 39-1-104 (16).

(5) The decisions of the board of assessment appeals which affect the valuation of classes or subclasses of property may be reversed or modified by the state board of equalization, and such action shall be taken only if a written appeal has, within thirty days of the board of assessment appeals' decision, been lodged with the state board of equalization by one of the parties to the proceedings before the board of assessment appeals. Decisions of the state board of equalization shall be subject to judicial review as provided in section 24-4-106, C.R.S.

(6) The state board of equalization shall conduct hearings upon complaints filed by the property tax administrator, upon his own motion or upon petition by any tax-levying authority in this state, concerning alleged dereliction of duty on the part of a county assessor.

(7) The state board of equalization shall review abstracts of assessment and may, by order, change the valuation for assessment of any class or subclass of property which was changed by a county board of equalization.

(8) The state board of equalization may promulgate such rules and regulations as are necessary for the implementation of its duties and responsibilities. Such rules and regulations shall be promulgated pursuant to and be subject to the provisions of section 24-4-103, C.R.S.

(9) Repealed.

(10) (a) It is the function of the state board of equalization and it shall have and exercise the authority, prior to publication but subsequent to review by the advisory committee to the property tax administrator pursuant to section 39-2-131 (1), to review and approve or disapprove, within thirty days after receipt from said advisory committee to the property tax administrator:

(I) Manuals or any part thereof, appraisal procedures, instructions, and guidelines prepared and published by the administrator pursuant to section 39-2-109 (1)(e) and based upon the approaches to appraisal set forth in section 39-1-103 (5)(a) and pursuant to section 39-2-109 (1)(k); and

(II) Forms, notices, and records approved or prescribed pursuant to the authority of the property tax administrator set forth in section 39-2-109 (1)(d).

(b) Any manuals, appraisal procedures, instructions, guidelines, forms, notices, or records which are not approved or disapproved by the state board of equalization within said thirty days shall be automatically approved; except that, if within said thirty days the state board of equalization schedules a hearing on such manuals, appraisal procedures, instructions, guidelines, forms, notices, or records, such automatic approval shall not occur unless the state board of equalization does not approve or disapprove such manuals, appraisal procedures, instructions, guidelines, forms, notices, or records within thirty days after the conclusion of such hearing.

Source: L. 64: R&RE, p. 714, § 1. C.R.S. 1963: § 137-9-3. L. 70: p. 386, § 25. L. 76: (5) added, p. 763, § 29, effective June 10. L. 77: (3) amended, (5) R&RE, and (6), (7), and (8) added, pp. 1736, 1738, §§ 20, 21, effective June 20; (3) amended, p. 1755, § 2, effective July 23. L. 81: (5) amended, p. 1834, § 13, effective June 12; (1) amended, p. 1398, § 12, effective January 1, 1983. L. 83: Entire section R&RE, p. 1505, § 2, effective June 2; (7) and (8) added, p. 2093, § 3, effective September 23. L. 88: (9) added, p. 1290, § 22, effective May 23. L. 90: (10) added, p. 1699, § 28, effective June 9. L. 91: (10) amended, p. 1954, § 3, effective January 1, 1992. L. 93: (9) repealed, p. 1690, § 9, effective June 6. L. 96: (10) amended, p. 948, § 2, effective July 1.

Editor's note: Amendments to subsection (3) by House Bill 77-1242 and House Bill 77-1452 were harmonized.

Cross references: For right of judicial review under the "State Administrative Procedure Act", see § 24-4-106.

ANNOTATION

Annotator's note. The following annotations include cases decided under former provisions similar to this section.

State board has power of equalization but not assessment. Union P.R.R. v. Bd. of Comm'rs, 35 F.2d 785 (1929); Bohen v. Bd. of Comm'rs, 109 Colo. 283, 124 P.2d 606 (1942); BQP Industries v. State Bd. of Equaliz., 694 P.2d 337 (Colo. App. 1984).

State board can review the abstract of assessment of a particular county for errors upon recommendation of the property tax administrator when the administrator finds that classes or subclasses of property located in a county have not been correctly valued for assessment as required by law. Writer Corp. v. State Bd. of Equaliz., 771 P.2d 13 (Colo. App. 1988).

Courts are powerless to control right legally exercised. So long as the right to adjust and equalize the valuation of real and personal property is legally exercised, courts are powerless to control the results. MacGinnis v. Denver Land Co., 90 Colo. 72, 6 P.2d 919 (1931).

It would be impractical and impossible to hold individual hearings following the giving of individual notices at the equalization stage of tax proceedings. Even if time would allow it, individual hearings would, nevertheless, defeat the system, the purpose of which is to equalize valuations on a statewide basis. People ex rel. State Bd. of Equaliz. v. Hively, 139 Colo. 49, 336 P.2d 721 (1959).

County assessor obligated to execute board's mandate. A county assessor has no standing to question the validity of the action of the state board of equalization, but he is obligated to carry out the mandate of the board. People ex rel. State Bd. of Equaliz. v. Hively, 139 Colo. 49, 336 P.2d 721 (1959).

Applied in People ex rel. State Bd. of Equaliz. v. Pitcher, 61 Colo. 149, 156 P. 812 (1916); Laredo Hous. Apts., Ltd. v. Bd. of County Comm'rs, 628 P.2d 135 (Colo. App. 1980); Laredo Hous. Apts., Ltd. v. Bd. of Assmt. Appeals, 675 P.2d 23 (Colo. App. 1983).