34 Tex. Admin. Code § 9.4311 - Prehearing Exchanges and Informal Conference Regarding Petition
(a) After reviewing the petition, the
division will send petitioner responses to each of the petitioner's grounds for
objection. The division's responses may include agreement, disagreement,
disagreement with modification, or rejection as set forth in this subchapter.
(1) An agreement by the division to the
relief requested or the amount claimed to be correct in a ground for objection
is a final resolution as to that ground for objection.
(2) If at any time a response by the division
results in a valid finding for a school district, the protest shall be finally
resolved for the protesting school district and all eligible property owners
protesting property in the school district, and there shall be no further
consideration of the petitions.
(b) Not later than 15 calendar days after the
division delivers its responses to the petitioner, the petitioner must reply to
the division utilizing Part B of the petition.
(1) The petitioner's reply must either agree
to all of the division's responses, thereby waiving further consideration of
the petition, or notify the division as to each ground for objection the
petitioner disagrees and will continue to protest.
(2) A petitioner's failure to timely reply as
provided in this subsection will be deemed agreement to the division's
responses and will constitute final resolution of the petitioner's
protest.
(3) In an otherwise
timely-filed reply, a petitioner's failure to indicate on Part B of the
petition an agreement or disagreement to the division's response will be deemed
agreement to the division's response as to the ground for objection and will
constitute final resolution as to the ground for objection.
(4) The petitioner may not reply to a
rejection of a ground for objection. The petitioner may only request referral
of the petition to SOAH for a hearing on the rejection pursuant to §
9.4309 of this title (relating to
Insufficient Grounds for Objection).
(c) For each ground for objection with which
petitioner does not agree with the division's response, petitioner must file
with the division director:
(1) any
supplemental evidence not already submitted at the time the petition was filed,
with any such supplemental evidence organized, separated and identified
pursuant to §
9.4308(h) of
this title (relating to Contents of Petition); and
(2) a written designation of witnesses who
may testify at the hearing on each unresolved ground for objection with
witnesses identified by name and with the professional qualifications of each
identified witness.
(d)
All documents required pursuant to subsection (c) of this section must be filed
with, and at the same time as, petitioner's reply submitted under subsection
(b) of this section.
(e) Within 15
calendar days after receipt of petitioner's reply and supplemental evidence, if
any, the division shall:
(1) supplement the
documents created, collected, and utilized by the division in conducting the
study or performing the audit, as applicable, including any rebuttal evidence
regarding each ground for objection to which petitioner has not agreed;
and
(2) provide a written
designation of witnesses who may testify at the hearing on each unresolved
ground for objection, with witnesses identified by name and with the
professional qualifications of each witness identified.
(f) For purposes of this subchapter,
employees of the division and the chief appraiser of the appraisal district
that appraised property for a protesting school district, as well as employees
of the chief appraiser appraising property for the protesting school district
employed pursuant to Tax Code, §
6.05(d),
are deemed qualified to testify as witnesses.
(g) The division will either provide notice
of the date, time, and place of an informal conference regarding the petition
to be held for consideration of petitioner's remaining grounds for objection,
or the division may provide the petitioner with revised recommendations to the
division's initial responses for any unresolved grounds for objections.
(1) No later than seven calendar days after
being provided the division's revised recommendations, a petitioner may agree
to the division's revised recommendations, and waive further consideration of
the petition, thereby finally disposing of the protest, or request an informal
conference be held for consideration of petitioner's remaining grounds for
objection.
(2) Notwithstanding the
referral of rejections to SOAH under §
9.4309 of this title, appearance
and participation in an informal conference regarding the petition is a
jurisdictional prerequisite for referral of grounds for objection to SOAH for
hearing.
(3) Failure to appear in
the scheduled informal conference will be deemed agreement by the petitioner to
the division's recommendations or revised recommendations, constitute final
resolution and waive further consideration of petitioner's petition, thereby
finally disposing of the protest.
(4) Notice under this subsection will be made
by U.S. first class mail, overnight delivery service, facsimile, or
email.
(h) If the
division has identified any failure of petitioner to properly comply with the
requirements of labeling and organizing evidence, at the time of the informal
conference the petitioner will be notified of such failure and given the
opportunity to correct such failure through identification of evidence that was
intended to correspond to grounds for objection that remain unresolved and
subject to referral to SOAH. This subsection does not permit a petitioner to
submit any additional information, documentation, or evidence.
(i) After completing the informal conference,
the petitioner may request a referral for a hearing before a SOAH
Administrative Law Judge (ALJ) for all remaining unresolved grounds for
objection submitted on Part B of the petition.
(j) A petitioner's request for a referral to
SOAH for a hearing on the unresolved grounds for objection shall be made by
filing a written request with the division director no later than seven
calendar days after the informal conference.
(1) The petitioner's written request must
specifically identify each ground for objection for which the referral is
requested by numbered objection as reported on Part B of the
petition.
(2) The petitioner's
written request must identify the individuals who will present argument and
introduce evidence on behalf of the petitioner before SOAH.
Notes
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