Ill. Admin. Code tit. 86, § 1910.55 - Stipulations
a) It is the policy
of the Property Tax Appeal Board that the parties to an appeal should, to the
fullest extent possible, stipulate to all matters that are not, or fairly
should not be, in dispute. Prior to the hearing, during a prehearing
conference, or during the hearing of any appeal, the parties may file a
stipulation setting forth all pertinent facts that are not in dispute, a list
of all exhibits to which there are no objections, and any other matters that
are not in dispute.
b) If a
stipulation revising and correcting an assessment is agreed to by all
interested parties, it may be taken into consideration by the Property Tax
Appeal Board provided it is fair and reasonable based on the evidence in the
record. The Board reserves the right to write a decision based on the facts,
evidence and exhibits in the record.
c) If the Board is able to ascertain the
correct assessment of the subject property, it will issue a decision
notwithstanding any typographical or clerical errors, including but not limited
to an erroneous increase of valuation of particular permanent index numbers, on
the stipulation form. When a party or parties propose to stipulate to a revised
assessment of the property, the Board shall forward the proposed stipulation or
assessment agreement to all other parties and those parties shall have 30 days
to file a written objection to the proposal. Failure to object within the
30-day period to the proposed assessment shall be considered acceptance of the
stipulation or assessment agreement and the Board shall issue a decision in
accordance with the stipulation or agreement. The Board shall not issue a
decision based on the proposed stipulation or assessment agreement prior to the
expiration of the time period for intervention as provided in Section
1910.60.
d) A stipulation or assessment agreement
shall be in writing and be clear and concise. Documents or papers or other
exhibits annexed to or filed with a stipulation or agreement will be considered
part of the stipulation or agreement. A stipulation or agreement shall be
treated, to the extent of its terms, as a conclusive admission by the parties
to the facts or issues stipulated or agreed to.
Notes
Added at 30 Ill. Reg. 2640, effective February 15, 2006
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