2023 Colorado Revised Statutes › Title 39 - TAXATION (§§ 39-1-101 — 39-37-301) › PROPERTY TAX (§§ 39-1-101 — 39-14-103) › General and Administrative (§§ 39-1-101 — 39-2-131) › Article 2 - Division of Property Taxation - Administrator - Board (§§ 39-2-101 — 39-2-131) › Section 39-2-125 - Duties of the board - board of assessment appeals cash fund - creation - accelerated appeal cash fund

(1)
The board of assessment appeals shall perform the following duties, such performance to be in accordance with the applicable provisions of article
4
of title
24
, C.R.S.:
(a)
Adopt procedures of practice before and procedures of review by the board;
(b)
(I)
Hear appeals from orders and decisions of the property tax administrator filed not later than thirty days after the entry of any such order or decision.
(II)
Such hearings shall include evidence as to the rationale of such order or decision and the detailed data in support thereof.
(c)
Hear appeals from decisions of county boards of equalization filed not later than thirty days after the entry of any such decision;
(d)
Repealed.
(e)
Hear appeals from determinations by county assessors when a county board of equalization or an assessor has failed to respond within the time provided by statute to an appeal properly filed by a taxpayer;
(f)
Hear appeals from decisions of boards of county commissioners filed not later than thirty days after the entry of any such decision when a claim for refund or abatement of taxes is denied in full or in part;
(g)
Repealed.
(h)
Collect any filing fee that shall accompany a taxpayer's request for a hearing before the board pursuant to this section. All fees collected by the board shall be transmitted to the state treasurer, who shall credit the same to the board of assessment appeals cash fund, which fund is hereby created in the state treasury and referred to in this paragraph (h) as the "cash fund". All moneys credited to the cash fund shall be used in accordance with the requirements of this section and shall not be deposited in or transferred to the general fund of this state or any other fund. The moneys credited to the cash fund shall be available for appropriation by the general assembly to the board of assessment appeals in the annual general appropriation act. In making the annual appropriation to the board of assessment appeals under the annual general appropriation act, the general assembly shall consider available revenues and reserve balances in the cash fund. Any interest earned on amounts in the cash fund shall be credited to the cash fund. Any request for a hearing before the board pursuant to sections
39-2-117 (5)(b)
,
39-4-108 (8)
,
39-8-108 (1)
, and
39-10-114.5 (1)
shall be accompanied by a nonrefundable filing fee as follows:
(I)
For any person other than a taxpayer pro se, a fee of one hundred one dollars and twenty-five cents for each tract, parcel, or lot of real property and for each schedule of personal property included in such request; except that, if any request for a hearing before the board involves more than one tract, parcel, or lot owned by the same taxpayer and involves the same issue regarding the valuation of such real property, only one filing fee shall be required for such request for a hearing.
(II)
For any person who is a taxpayer pro se, for the first two requests for a hearing within a fiscal year, the taxpayer shall not be required to pay a filing fee, and for each additional request within such fiscal year, a fee of thirty-three dollars and seventy-five cents for each tract, parcel, or lot of real property, and for each schedule of personal property included in such request; except that, if any request for a hearing before the board involves more than one tract, parcel, or lot owned by the same taxpayer and involves the same issue regarding the valuation of such real property, only one filing fee shall be required for such request for a hearing.
(1.5)
As used in this section, notwithstanding any other law, "taxpayer pro se" includes the trustee of a trust.
(2)
Complaints filed by the property tax administrator shall be advanced on the calendar and shall take precedence over other matters pending before the board.
(2.5)
(a)
Along with complaints described in subsection (2) of this section, a taxpayer's appeal concerning the valuation of rent-producing commercial real property pursuant to section
39-8-108 (1)
is advanced on the calendar and takes precedence over other matters pending before the board, if:
(I)
The taxpayer files a written letter of objection and protest under section
39-5-122 (2)
or
39-5-122.7 (2)
and, on or before July 15 of the same calendar year, the taxpayer provides to the assessor the information described in section
39-8-107 (5)(a)(I)
;
(II)
The taxpayer requests the prioritization under this subsection (2.5) at the time the appeal is filed with the board; and
(III)
The assessor, upon issuing the written determination regarding the objection and protest required by section
39-5-122 (2)
or
39-5-122.7 (2)
, verifies that the taxpayer has met the requirements of subsections (2.5)(a)(I) and (2.5)(a)(II) of this section.
(b)
The board of assessment appeals may charge a fee to a taxpayer whose appeal is advanced pursuant to this subsection (2.5). The fee must be:
(I)
Based upon the board of assessment appeals' actual costs in advancing the taxpayer's appeal; and
(II)
Deposited in the accelerated appeal cash fund, which is hereby created in the state treasury. The state treasurer shall credit all interest and income derived from the deposit and investment of money in the fund to the fund. Money in the fund is continuously appropriated to the board of assessment appeals to defray the costs associated with advancing a taxpayer's appeal.
(3)
Effective January 1, 1983, the consideration of a property's market value in the ordinary course of trade and the comparison of a property with other properties of known or recognized value by the board when considering the market approach to appraisal in its review of the determination of a property's actual value are subject to the provisions of section
39-1-103 (8)
.
Amended by 2022 Ch. 158, § 5, eff. 8/10/2022.
Amended by 2013 Ch. 388, § 2, eff. 7/1/2013.
L. 70: R&RE, p. 377, § 1. L. 71: p. 1245, § 1. C.R.S. 1963: § 137-3-25. L. 73: p. 1438, § 1. L. 76: (1)(c) amended, p. 757, § 12, effective 1/1/1977. L. 77: (1)(f) amended and (3) added, p. 1735, §§ 14, 15, effective June 20. L. 79: (1)(g) added, p. 1461, § 1, effective July 1. L. 81: (1)(f) amended, p. 1843, § 1, effective May 18; (3) amended, p. 1831, § 4, effective June 12. L. 83: (1)(d)(I) repealed, p. 1491, § 7, effective April 21; (3) amended, p. 1483, § 5, effective April 22; (1)(d) repealed, p. 1508, § 5, effective June 2; (1)(f) amended, p. 2086, § 2, effective October 13. L. 84: (1)(c) amended, p. 1001, § 3, effective March 5. L. 85: (1)(c) amended, p. 1219, § 1, effective March 24. L. 88: (1)(c) amended, p. 1296, § 2, effective April 29. L. 90: (1)(c)(I) amended, p. 1709, § 1, effective May 22. L. 91: (1)(c)(I) amended, p. 1978, § 2, effective July 1. L. 92: IP(1) amended and (1)(h) added, p. 2207, § 3, effective June 3. L. 2002: (1)(g) repealed, p. 1361, § 15, effective July 1. L. 2003: IP(1) and (1)(h) amended, p. 1465, § 2, effective July 1. L. 2008: (1)(h) amended, p. 2147, § 25, effective June 4. L. 2012: (1.5) added, (HB 12-1307), ch. 216, p. 929, § 2, effective August 8. L. 2013: (1)(c) and IP(1)(h) amended, (SB 13-146), ch. 388, p. 2259, § 2, effective July 1.
2022 Ch. 158, was passed without a safety clause. See Colo. Const. art. V, § 1(3).
(1) For the legislative declaration contained in the 2008 act amending subsection (1)(h), see section 1 of chapter 417, Session Laws of Colorado 2008. (2) For the legislative declaration in the 2012 act adding subsection (1.5), see section 1 of chapter 216, Session Laws of Colorado 2012.