Ohio § 5717.02

§ 5717.02.

(A) Except as otherwise provided by law, appeals from final determinations by the tax

commissioner of any preliminary, amended, or final tax assessments, reassessments,

valuations, determinations, findings, computations, or orders made by the commissioner

may be taken to the board of tax appeals by the taxpayer, by the person to whom notice

of the tax assessment, reassessment, valuation, determination, finding, computation,

or order by the commissioner is required by law to be given, by the director of budget

and management if the revenues affected by that decision would accrue primarily to

the state treasury, or by the county auditors of the counties to the undivided general

tax funds of which the revenues affected by that decision would primarily accrue.  Appeals from the redetermination by the director of development services under division (B) of section 5709.64 or division (A) of section 5709.66 of the Revised Code may be taken to the board of tax appeals by the enterprise to which notice of the

redetermination is required by law to be given.  Appeals from a decision of the tax commissioner or county auditor concerning an

application for a property tax exemption may be taken to the board of tax appeals

by the applicant or by a school district that filed a statement concerning that application

under division (C) of section 5715.27 of the Revised Code .  Appeals from a redetermination by the director of job and family services under section 5733.42 of the Revised Code may be taken by the person to which the notice of the redetermination is required

by law to be given under that section. (B) The appeals shall be taken by the filing of a notice of appeal with the board, and

with the tax commissioner if the tax commissioner's action is the subject of the appeal,

with the county auditor if the county auditor's action is the subject of the appeal,

with the director of development services if that director's action is the subject

of the appeal, or with the director of job and family services if that director's

action is the subject of the appeal.  The notice of appeal shall be filed within sixty days after service of the notice

of the tax assessment, reassessment, valuation, determination, finding, computation,

or order by the commissioner, property tax exemption determination by the commissioner

or the county auditor, or redetermination by the director has been given as provided

in section 5703.37 , 5709.64 , 5709.66 , or 5733.42 of the Revised Code .  The notice of appeal may be filed in person or by certified mail, express mail,

facsimile transmission, electronic transmission or by authorized delivery service.  If the notice of appeal is filed by certified mail, express mail, or authorized

delivery service as provided in section 5703.056 of the Revised Code , the date of the United States postmark placed on the sender's receipt by the postal

service or the date of receipt recorded by the authorized delivery service shall be

treated as the date of filing.  If notice of appeal is filed by facsimile transmission or electronic transmission,

the date and time the notice is received by the board shall be the date and time reflected

on a timestamp provided by the board's electronic system, and the appeal shall be

considered filed with the board on the date reflected on that timestamp.  Any timestamp provided by another computer system or electronic submission device

shall not affect the time and date the notice is received by the board.  The notice of appeal shall have attached to it and incorporated in it by reference

a true copy of the notice sent by the commissioner, county auditor, or director to

the taxpayer, enterprise, or other person of the final determination or redetermination

complained of, but failure to attach a copy of that notice and to incorporate it by

reference in the notice of appeal does not invalidate the appeal. (C) A notice of appeal shall contain a short and plain statement of the claimed errors

in the determination or redetermination of the tax commissioner, county auditor, or

director showing that the appellant is entitled to relief and a demand for the relief

to which the appellant claims to be entitled.  An appellant may amend the notice of appeal once as a matter of course within sixty

days after the certification of the transcript.  Otherwise, an appellant may amend the notice of appeal only after receiving leave

of the board or the written consent of each adverse party.  Leave of the board shall be freely given when justice so requires. (D) Upon the filing of a notice of appeal, the tax commissioner, county auditor, or the

director, as appropriate, shall certify to the board a transcript of the record of

the proceedings before the commissioner, auditor, or director, together with all evidence

considered by the commissioner, auditor, or director in connection with the proceedings.  Those appeals or applications may be heard by the board at its office in Columbus

or in the county where the appellant resides, or it may cause its examiners to conduct

the hearings and to report to it their findings for affirmation or rejection. (E) The board may order the appeal to be heard upon the record and the evidence certified

to it by the commissioner, county auditor, or director, but upon the application of

any interested party the board shall order the hearing of additional evidence, and

it may make an investigation concerning the appeal that it considers proper.  An appeal may proceed pursuant to section 5703.021 of the Revised Code on the small claims docket if the appeal qualifies under that section.