77-5015.02. Single commissioner hearing; evidence; record; rehearing.

278 words·~1 min read·/ne/chapter-77/77-5015-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)A single commissioner may hear an appeal and cross appeal and appeals and cross appeals consolidated with any such appeal and cross appeal when:

(a)The taxable value of each parcel is two million dollars or less as determined by the county board of equalization; and

(b)The appeal and cross appeal has been designated for hearing pursuant to this section by the chairperson of the commission or in such manner as the commission may provide in its rules and regulations.

(2)A proceeding held before a single commissioner shall be informal. The usual common-law or statutory rules of evidence, including rules of hearsay, shall not apply, and the commissioner may consider and utilize all matters presented at the proceeding in making his or her determination.

(3)Any party to an appeal designated for hearing before a single commissioner pursuant to this section may, prior to a hearing, elect in writing to have the appeal heard by the commission. The commissioner conducting a proceeding pursuant to this section may at any time designate the appeal for hearing by the commission.

(4)Documents necessary to establish jurisdiction of the commission shall constitute the record of a proceeding before a single commissioner. No recording shall be made of a proceeding before a single commissioner.

(5)A party to a proceeding before a single commissioner may request a rehearing pursuant to section 77-5005 .

(6)An order entered by a single commissioner pursuant to this section may not be appealed pursuant to section 77-5019 or any other provision of law.

(7)Subdivisions (3), (6), (8), (9), (10), (11), and

(12)of section 77-5016 apply to proceedings before a single commissioner.