(Loser pays cost of Arbitration)
Within 45 days of filing the notice of appeal to binding arbitration, the property owner, at his/her expense must provide the BTA with a certified Appraisal prepared by a qualified appraiser.
Within 10 days of receiving the taxpayer's appeal to Binding Arbitration, the BTA must send an acknowledgement to the taxpayer stating the taxpayer's responsibility to provide a certified appraisal, the amount of the filing fee and that the payment must be made within 45 days. Failure to provide the certified appraisal and filing fee within
45 days shall terminate the appeal unless the taxpayer within such 45 days elects in writing to have the appeal moved to the BOE process.
Within 45 days of receiving the taxpayer's certified appraisal, the BTA must accept or reject the taxpayer's certified appraisal. If the BTA accepts the Certified Appraisal it shall become the final value. If the BTA rejects the certified appraisal, it must within 45 days certify the appeal to the Clerk of Superior Court. If the BTA neither accepts nor rejects the certified appraisal within 45 days, the certified appraisal shall become the final value.
Within 15 days of filing the appeal with the Clerk of Superior Court, the Chief Judge shall issue an order authorizing the arbitration.
Within 30 days of his/her appointment by the Clerk of Superior Court, the Arbitrator shall schedule the time and location of the hearing.
At the conclusion of the hearing, the arbitrator shall render a decision regarding the value of the property by choosing either the value presented by the BTA or the value presented by the taxpayer.
If the taxpayer’s value is closest to the fair market value determined by the arbitrator, the county shall be responsible for the fees and cost of such arbitrator. If the value of the BTA is closest to the fair market value determined by the arbitrator, the taxpayer shall be responsible for the fees and cost of such arbitrator.
The "loser" must pay the cost of the arbitrator.
Provisions of binding arbitration may be waived at any time by written consent of both parties.
The decision of the arbitrator is appealable to Superior Court.
Other provisions apply