§ 2B.22. PRE-HEARING CONFERENCE.

(a) The Board, on its own initiative or at the written request of the Assessor, Applicant or Applicant's agent, may direct the Clerk to set a pre-hearing conference. A request by the Assessor, Applicant or Applicant's agent shall identify the application(s) and reason(s) for the pre-hearing conference. The requesting party shall serve the written request on all parties to the proceedings by mail, in person, or by facsimile transmission and mail.

(b) The Clerk shall serve the Assessor and Applicant or Applicant's agent with written notice of the time, date, place, and reason(s) for the pre-hearing conference at least thirty (30) days before the pre-hearing conference in a manner specified in subsection (a). The Assessor and Applicant or Applicant's agent may agree in writing to a pre-hearing conference with less than thirty (30) days advance notice.

(c) A three-member panel of the Board shall conduct the pre-hearing conference. At the discretion of the Board, one Board member may act as a pre-hearing conference hearing officer and preside over the pre-hearing conference.

(d) The pre-hearing conference is part of the formal assessment appeals process and the Applicant or Applicant's agent must attend a properly noticed pre-hearing conference.

(1) If the Applicant fails to appear at the pre-hearing conference before a three-member panel of the Board, that failure may constitute abandonment of the case and provide grounds for denial of the application at that hearing. If the Applicant furnishes evidence of excusable good cause for the failure to appear or to make a timely request for postponement and files a written request for reconsideration within 30 days from the date of mailing of the denial due to lack of appearance the Board may reconsider the denial based on the information provided and may set aside the denial of the application for lack of appearance.

(2) If the Applicant fails to appear at the pre-hearing conference at which one Board member is acting as a hearing officer, the hearing officer may refer the application to the full Board for a failure to appear denial hearing. The Clerk shall serve the Assessor and Applicant or Applicant's agent with written notice of the time, date, and place for the failure to appear denial hearing at least thirty (30) days before the hearing in a manner specified in subsection (a). The Applicant may furnish evidence of excusable good cause for the failure to appear in writing prior to the hearing or at the hearing. Based on the evidence furnished by the Applicant the Board may reconsider the denial and may set aside the denial of the application for lack of appearance.

(e) The pre-hearing conference may be conducted to:

(1) determine the present status of the appeal and the time estimate for the hearing;

(2) identify non-controverted issues, consolidation of appeals, and bifurcation of issues;

(3) determine the status of exchange of information requests under Revenue and Taxation Code section 1606;

(4) determine the status or requests for information pursuant to Revenue and Taxation Code sections 441 and 408;

(5) issue subpoenas pursuant to Revenue and Taxation Code sections 1609.4 and 1609.5;

(6) address any other matters to expedite the hearing and resolution of the case; and

(7) issue any order or ruling permitted by law relative to the subject application(s).

(Added by Ord. 85-04, File No. 040274, App. 5-20-2004)