Ill. Admin. Code tit. 86, § 1910.30 - Petitions
a) In counties with
less than 3,000,000 inhabitants, petitions for appeal shall be filed within 30
days after the date of the written notice of the decision of the board of
review. In counties with 3,000,000 or more inhabitants, petitions for appeal
shall be filed within 30 days after the date of the written notice of the
decision of the board of review or within 30 days after the date that the board
of review transmits to the county assessor pursuant to Section 16-125 of the
Code its final action on the township in which the property is located,
whichever is later. (See Section 16-160 of the Code.)
b) Petitions for appeal shall be filed within
30 days after the date of written notice of the application of final adopted
township equalization factors by the board of review. Petitions shall be filed
for the subsequent year within 30 days after the date of the written notice
when the Property Tax Appeal Board rendered a decision lowering the assessment
of a particular parcel after the deadline for filing complaints with the board
of review, or after adjournment of the session of the board of review at which
assessments for the subsequent year are being considered. (See Section 16-185
of the Code.)
c) The petition for
appeal shall be on the prescribed form and a separate petition must be filed
for each separately assessed parcel except for contiguous single-owner parcels
that constitute a single property and except for condominium buildings or
unless a written request is made to the Board for the filing of a single
petition for multiple parcels. The request, together with the petition, shall
be filed within 30 days after the written notice of the decision of the board
of review or within 30 days after the date that the board of review transmits
to the county assessor, pursuant to Section 16-125 of the Code, its final
action on the township in which the property is located, whichever is later.
Each petition shall identify and describe the particular property including the
PIN assigned to the subject parcel by the county. A photograph of the subject
property should be submitted with the petition if it aids the contesting party
in explaining the appeal. In appeals in which multiple PINs are consolidated
into a single petition, the assessed values and the relief requested for each
individual PIN must be separately listed. Single petitions containing parcels
of 50 or more PINs must also include a formatted Excel spreadsheet submitted
electronically. The spreadsheet is available on the Forms page of the PTAB
website located at www.ptab.illinois.gov. Instructions
for completion and submission of the spreadsheet are contained within the
document.
d) Appeals filed with the
Property Tax Appeal Board shall bear a signature of the contesting party or the
contesting party's attorney on at least one petition, and shall be filed with
the Clerk of the Property Tax Appeal Board. Corporations, limited liability
companies (LLC), partnerships, and other similar entities, and taxing districts
shall be represented at all stages before the Property Tax Appeal Board by any
person licensed to practice law in the State of Illinois. By signing a petition
or filing an appearance, the attorney certifies that he or she has the
authority to appear and/or act on behalf of a party in the proceeding. (See
Section
1910.70.)
e) If the Property Tax Appeal Board renders a
decision lowering the assessment of a particular parcel after the deadline for
filing complaints with the board of review or board of appeals or after
adjournment of the session of the board of review at which assessments for the
subsequent year or years of the same general assessment period, as provided in
Sections 9-215 through 9-225 of the Code, are being considered, the taxpayer
may, within 30 days after the date of written notice of the Property Tax Appeal
Board's decision, appeal the assessment for the subsequent year or years
directly to the Property Tax Appeal Board. (See Section 16-185 of the Code.)
1) For assessment years prior to 2016, two
copies of the written notice of the decision of the board of review must be
filed with the petition, if one has been issued. Alternatively, two copies of
the decision of the Property Tax Appeal Board reducing the assessment of the
subject property for a prior year within the same general assessment period
shall be provided.
2) Beginning
with the 2016 assessment year, and each year thereafter, the contesting party
shall file one copy of the petition, one copy of the written notice of the
decision of the board of review or the decision of the Property Tax Appeal
Board reducing the assessment for the prior year or years within the same
general assessment period conferring jurisdiction on the Property Tax Appeal
Board, and one copy of the written and documentary evidence, unless the
petition and evidence exceeds 500 total pages, in which case, the petition and
all written and documentary evidence must be submitted in triplicate.
f) When filing an appeal petition
pursuant to subsections (a) and (b):
1) For
assessment years prior to 2016, petitions for appeal shall be filed in
triplicate and all copies of the same shall be properly signed as stated in
subsection (d). In every case in which a change in assessed valuation of less
than $100,000 is sought, all written and documentary evidence must be submitted
in duplicate with the petition. In every case in which a change in assessed
valuation of $100,000 or more is sought, all written and documentary evidence
must be submitted in triplicate with the petition.
2) Beginning with the 2016 assessment year,
and each year thereafter, the contesting party shall file one copy of each
document required by subsection (f)(1), unless the petition and evidence
exceeds 500 total pages, in which case, the petition and all written and
documentary evidence must be submitted in triplicate.
g) If the contesting party is unable to
submit written or documentary evidence with the petition, the contesting party
must submit a written request for an extension of time with the petition. Upon
receipt of this request, the Board shall grant a 30 day extension of time. The
Board shall grant additional or longer extensions for good cause shown. Good
cause may include, but is not limited to, the inability to submit evidence for
a cause beyond the control of the contesting party, such as the pendency of
court action affecting the assessment of the property or the death or serious
illness of a valuation witness. Without a written request for an extension, no
evidence will be accepted after the petition is filed. Evidence sent by mail
shall be considered as filed on the date postmarked or in accordance with
Section
1910.25(b).
h) Every petition for appeal shall state the
facts upon which the contesting party bases an objection to the decision of the
board of review, together with a statement of the contentions of law the
contesting party desires to raise. If contentions of law are raised, the
contesting party shall submit a brief in support of his position with the
petition. Extensions of time shall be granted in accordance with subsection
(g). Failure to do so shall result in dismissal of the appeal.
i) Every petition for appeal shall give the
post office address where mail addressed to the contesting party may be
received by the contesting party or his or her attorney, together with the
contesting party's telephone number. Notice to the contesting party's attorney
shall be deemed notice to the contesting party. A contesting party or attorney
may provide an e-mail address for receipt of service of proceedings. The
Property Tax Appeal Board must be notified in writing or electronically by any
party of a change of mailing address or e-mail address within 30 days after the
change.
j) The petition shall in
all cases state the assessed value of the land, and the assessed value of the
improvements (structures), and the total assessed value as placed on the
property by the board of review. The petition must also state the assessed
valuation of the land, and the assessed value of the improvements (structures),
and the total assessed value that the contesting party claims to be correct.
The contesting party may only amend the assessment claimed to be correct by
filing an appeal petition denoted as "Amended" setting forth the assessed
valuation of the land, the assessed value of the improvements, and the total
assessed valuation that the contesting party considers correct upon the
completion of the filing of the documentary evidence in accordance with
extensions granted pursuant to subsection (g). No amendment to the contesting
party's assessment request will be accepted after the expiration of the
extension of time to submit evidence that has been granted pursuant to
subsection (g).
k) All information
required to fully complete the petition shall be furnished by the contesting
party at the time the petition is filed. Incomplete petitions and/or a letter
shall be returned with an explanation of the reasons for the rejection. The
contesting party must resubmit the corrected petition within 30 days after the
date of the return of the petition. If the returned petition is not resubmitted
within the 30 day period, the appeal will be dismissed from consideration by
the Board. Petitions that are not properly signed, petitions that do not state
the assessed valuation assigned by the board of review, petitions that do not
state the assessed valuation considered correct by the contesting party, and
petitions not containing all information as required in this Section, shall be
treated as incomplete petitions. Written or documentary evidence will be
accepted after receipt of a completed petition only when a written request for
an extension of time was filed in accordance with subsection(g) and
granted.
l) Upon receipt of a
completed petition, including the written and documentary evidence from the
contesting party, the Clerk of the Property Tax Appeal Board shall send a copy
of the petition, including all documentary evidence, by mail or by electronic
means, to the board of review and shall only forward a copy of the petition to
the State's Attorney of the county in which the property is located. The Clerk
shall cause the completed petition, including all documentary evidence, to
become a part of the appeal proceedings and record.
m) If the petition for appeal is filed by an
interested taxing body, rather than by the owner or taxpayer whose assessment
is in question, the taxing body must furnish the name and address of the owner
and/or taxpayer of the property in question. A copy of the completed petition
shall then be sent to the owner and/or taxpayer of the property by the Clerk of
the Property Tax Appeal Board. Any petition filed by an interested taxing body
without the name and address of the owner and/or taxpayer of the property in
question shall be treated as an incomplete petition in accordance with
subsection (k).
Notes
Amended at 31 Ill. Reg. 16222, effective November 26, 2007
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