177.00.99 Ark. Code R. § 001 Assessment Coordination Department Rules and Regulations Manual

LibraryArkansas Administrative Code
Edition2023
CurrencyCurrent through Register Vol. 48, No. 12, December, 2023
Citation177.00.99 Ark. Code R. § 001
Year2023

CHAPTER ONE GENERAL PROVISIONS

    RULE 1.1STATUTORY AUTHORITY CREATING ASSESSMENT COORDINATION DEPARTMENT Act 436 of 1997 created the ASSESSMENT COORDINATION DEPARTMENT and pursuant to Arkansas Code Annotated 25-2-105 (Type 2 transfers) transferred the Assessment Coordination Division from the Public Service Commission to the Assessment Coordination Department.
    RULE 1.2GENERAL SCOPE OF AUTHORITY STATUTORY AUTHORITY: A.C.A. 25-28-103 And 26-24-102 The ASSESSMENT COORDINATION DEPARTMENT has the full power and authority in the administration of the property tax laws of this state to exercise general and complete supervision and control over: 1. The valuation, assessment and equalization of all property in the state of Arkansas except that remaining under the jurisdiction of the Public Service Commission; 2. The several county assessors, county boards of review and equalization, and other officers charged with assessment or equalization of property throughout the state, to the end that all assessments on property in this state shall be made in relative proportion to the just and true value thereof, in substantial compliance with the law RULE 1.3 DESCRIPTION OF ORGANIZATION The Assessment Coordination Department welcomes inquiries from the public. Areas of responsibility are assigned to Divisions within the Department. The Assessment Coordination Department is composed of an Administrative body consisting of its Director, Deputy Director, Legal Counsel Division Managers and support staff. 1) Division One is comprised of the Director Deputy Director, Legal Counsel, and one Research and Development/Technical Support staff. 2) Division Two encompasses the following areas: Personal property assessment, business personal property data collection and assessment, educational programs, oil and gas assessment, agricultural land assessment, and the personal and business property ratio study. The manager of Division One shall be designated as the Ratio Study Coordinator for the sections of Personal and Business Personal Property. 3) Division Three encompasses the following areas: Computer operations, data management statistical analysis, and overall coordination of the real estate property ratio study. The Manager of Division Two shall be designated as Ratio Study Coordinator for the sections of Market Value Real Estate Property and Agricultural Land. 4) Division Four encompasses the following operations: Personnel, budgeting/accounting, fiscal operations, compilation and formalization of annual ratio studies, collection and publication of assessment and millage data, auditing of and assistance with county millage rollbacks, and support services for interdepartmental divisions . 5) Division Five encompasses the following areas: Data collection and confirmation on real estate assessments personal property assessments collection and field appraisals.
    RULE 1.4PUBLIC INSPECTION All orders, decisions, opinions, rules and other written statements of policy or interpretations formulated, adopted or used by the ASSESSMENT COORDINATION DEPARTMENT in the discharge of its functions are available for copying and public inspection at its offices at 1614 West Third Street, Little Rock, Arkansas during the regular business hours of the custodian of the records which is generally between the hours of 8:00 a.m., and 4:30 p.m., Monday through Friday of each week, with the exception of state holidays.
    RULE 1.5 THE ARKANSAS FREEDOM OF INFORMATION ACT OF 1967 STATUTORY AUTHORITY: A.C.A. 25-19-101 et. seq. The Assessment Coordination Department shall fully comply with The Arkansas Freedom of Information Act of 1967, as amended. Photocopies of documents shall be 50¢ each.

CHAPTER TWO GENERAL RULES OF PRACTICE AND PROCEDURE

    RULE 2.1PETITIONS FOR DECLARATORY ORDERS STATUTORY AUTHORITY: A.C.A. 25-15-206 Pursuant to Acts 1967, No. 434, Petitions for declaratory orders as to the applicability of any rule, statute, or order enforced by The Assessment Coordination Department shall be in writing and signed by the Petitioner. Petitions shall be filed in duplicate with the Director of the Department, who shall have the date of receipt stamped thereon and return one copy to the Petitioner. All Petitions for Declaratory Orders shall be titled as such. 1. In those instances in which the Department's response to a petition for a declaratory order is to be based on the opinion of the Attorney General, the Director shall issue its Declaratory Order promptly on receipt of the official opinion of the Attorney General. 2. With respect to all other petitions, the Director shall issue a Declaratory Order in response to said petition within fifteen (15) working days from the date of filing by mailing a copy of the order to petitioner by certified mail.
    RULE 2.2PUBLIC RIGHT TO PETITION STATUTORY AUTHORITY: A.C.A. 25-15-204 Any person has the right to petition for the issuance, amendment, or repeal of any rule. Within thirty (30) days after submission of apetition, the Assessment CoordinationDepartment shall either deny the petition, stating in writing its reasons for the denial, or shall initiate rule-making proceedings.

CHAPTER THREE IMPLEMENTATION OF ACT 1185 OF 1999

    RULE 3.1APPRAISAL MANAGER EXAMINATION STATUTORY AUTHORITY: Act 1185 of 1999. The ACD shall contract with a qualified individual with adequate training and experience necessary to formulate an appropriate examination designed to test one's ability to perform as an appraisal manager. The examination shall emphasize theory and practice of mass appraisal as opposed to conventional single property appraisal, be designed in two sections and shall include, but not be limited to: the first section of the appraisal manager exam shall be a multiple choice exam designed to test the individual's knowledge of mass appraisal terminology and theory. The second section of the exam shall be a case study or studies. The case study portion of the exam will provide the student with a sample county, and require the student to work out the appropriate number of personnel, and budgets necessary to perform a countywide reappraisal. The proficiency exam will contain subject matter of the IAAO Administration Course, and will cover the Arkansas property valuation system, sales editing, neighborhood delineation, use of location factors, and effective ages.
    RULE 3.2PREREQUISITES FOR APPRAISAL MANAGER EXAM Prerequisites for eligibility to take the exam shall include; Level 4 Appraiser as designated by the State of Arkansas Training and Certification Program, or IAAO educational equivalent, AND a minimum of four years experience in the mass appraisal field.
    RULE 3.3DATE OF APPRAISAL MANAGER EXAM The first exam will be offered by a date no later than September 1,1999.
    RULE 3.4 ADMINISTRATION OF APPRAISAL MANAGER EXAM The author of the appraisal manager exam will be, responsible for administering the first examination, and the ACD shall be responsible for administering later editions. No fee shall be charged for the first taking of the examination. A fee of $100 will be charged for each subsequent taking of the examination.
    RULE 3.5 SUBMISSION OF REAPPRAISAL PLANS Each county shall be required to submit a plan to the ACD detailing how a reappraisal, whether performed in-house or contracted, will be accomplished over a prescribed time period. The purpose of the plan will be twofold - First, to be certain that all the needed tasks of a reappraisal are completed, and second, to insure that all reappraisal projects meet a statewide standard of quality and uniformity. The plan will include the county or contractor's calendar of scheduled events in order for the appraiser to locate, identify, and appraise all taxable property in accordance with state laws and administrative procedures. The plan will specify that the first phase of the plan will be to canvass all parcels, will include site inspection with improvements reviewed, and all pertinent quantitative and qualitative data gathered, and improvements will be measured when necessary. Provision will be made in each year of the reappraisal plan for the discovery, listing, and valuation of newly discovered and newly constructed property. Additionally, the reappraisal plan will detail plans for revaluation notices and the appeals process for these types of properties. The required reappraisal plan must include detailed information including parcel counts, existing resources, expected production levels, personnel needs, and budgets. The appraisal plan must also acknowledge pre-established requirements relating to minimum qualifications of various employees, minimum progress at various points in time, and minimum levels of quality in regard to property valuations before notices of revaluation are mailed.
    RULE 3.6DUE DATE FOR REAPPRAISAL PLANS On or before August 10,1999, the ACD will mail a certified letter to each county assessor stating the year the county will be required to reappraise under Act 1185, and a date due for the first required reappraisal plan.
    RULE 3.7 REAPPRAISAL...

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