McCreary, Veselka, Bragg & Allen, P.C. 1

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1 McCreary, Veselka, Bragg & Allen, P.C. 1

2 Texas Rural Chief Appraisers October 2018 McCreary, Veselka, Bragg & Allen, P.C. 2

3 Appraisal Review Board Procedures of the ARB and Evidence Presentation McCreary, Veselka, Bragg & Allen, P.C. 3

4 Appraisal Review Board Procedures of the ARB McCreary, Veselka, Bragg & Allen, P.C. 4

5 Beginning the process Notice of Appraised Value Notice of Protest McCreary, Veselka, Bragg & Allen, P.C. 5

6 Who are the ARB 2 year resident Eligibility Appointed Terms McCreary, Veselka, Bragg & Allen, P.C. 6

7 ARB Training Comptroller New Members Continuing Education Statement of Compliance McCreary, Veselka, Bragg & Allen, P.C. 7

8 ARB Manual Updated Annually Model Hearing Procedures Informational Guide ARB Survey McCreary, Veselka, Bragg & Allen, P.C. 8

9 Informal meetings Not a hearing Agreement In writing No ARB Review McCreary, Veselka, Bragg & Allen, P.C. 9

10 And so it begins McCreary, Veselka, Bragg & Allen, P.C. 10

11 And so it begins ARB sets schedules (will CAD assistance) Set date and time Up to 20 designated properties same day McCreary, Veselka, Bragg & Allen, P.C. 11

12 Computer screens Appraisal Review Board Appraisal District Property Owner McCreary, Veselka, Bragg & Allen, P.C. 12

13 Hearings Model Procedures For property owners For ARB members McCreary, Veselka, Bragg & Allen, P.C. 13

14 Section IV Introductory statement Announce property location, owner State evidence exchanged No Ex parte communication by ARB McCreary, Veselka, Bragg & Allen, P.C. 14

15 Communication ARB restrictions Appraisal District restrictions Procedure Penalty McCreary, Veselka, Bragg & Allen, P.C. 15

16 Section IV Introductory statement Announce property location, owner State evidence exchanged No Ex parte communication by ARB Welcome, reminder procedures and time limits Swear in all witnesses McCreary, Veselka, Bragg & Allen, P.C. 16

17 Section IV Who goes first Present documents and/or testimony Cross-examination Rebuttal Closing argument ARB deliberates McCreary, Veselka, Bragg & Allen, P.C. 17

18 What can be protested? Market and/or Appraised Value Unequal Ownership/Jurisdiction/Taxable Change of Use Denial of Exemption/Valuation Anything McCreary, Veselka, Bragg & Allen, P.C. 18

19 Chapter 41 Protest vs Chapter 25 Correction Protest Anything Protest Deadline Correction Limited Correction Deadline McCreary, Veselka, Bragg & Allen, P.C. 19

20 Chapter 41 Protest vs Chapter 25 Correction Protest by Property Owner/Agent No Taxes Due ARB and Property Owner and CAD Correction by Property Owner/agent or Chief Appraiser Taxes must be timely paid ARB and Property Owner and CAD and Taxing Unit McCreary, Veselka, Bragg & Allen, P.C. 20

21 McCreary, Veselka, Bragg & Allen, P.C. 21

22 Appraisal Review Board Evidence Presentation McCreary, Veselka, Bragg & Allen, P.C. 22

23 Standard Procedures ARB in charge Under oath Timed Recorded McCreary, Veselka, Bragg & Allen, P.C. 23

24 Open meetings Public Media Recordings Video McCreary, Veselka, Bragg & Allen, P.C. 24

25 Closed meetings Only Parties allowed Procedures Record McCreary, Veselka, Bragg & Allen, P.C. 25

26 Hearings Appearances In Person By Affidavit By Telephone McCreary, Veselka, Bragg & Allen, P.C. 26

27 Hearings Appearances By Telephone McCreary, Veselka, Bragg & Allen, P.C. 27

28 Evidence Relevance Reliability Rightness McCreary, Veselka, Bragg & Allen, P.C. 28

29 Evidence Relevance McCreary, Veselka, Bragg & Allen, P.C. 29

30 Evidence Reliability McCreary, Veselka, Bragg & Allen, P.C. 30

31 Evidence Rightness McCreary, Veselka, Bragg & Allen, P.C. 31

32 Evidence Testimony Documents Photographs Electronic presentations Physical objects McCreary, Veselka, Bragg & Allen, P.C. 32

33 In Person or By Phone Be Prepared Be Professional Be Polite McCreary, Veselka, Bragg & Allen, P.C. 33

34 In Person Know your audience Be clear and concise State facts not feelings Listen McCreary, Veselka, Bragg & Allen, P.C. 34

35 Final Outcome Panel Recommendation Board Determination McCreary, Veselka, Bragg & Allen, P.C. 35

36 Post ARB Appeals District Court Binding Arbitration State Office of Administrative Hearings McCreary, Veselka, Bragg & Allen, P.C. 36

37 McCreary, Veselka, Bragg & Allen, P.C. 37

38 McCreary, Veselka, Bragg & Allen, P.C. 38

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