Title 48, Chapter 5, Section 348
( 48-5-348)
(a) The commissioner, through a hearing officer, shall hear and
determine appeals by local governing authorities on issues relating
to the conditional approval of the digest by the commissioner
including, but not limited to, the issue of the adequacy of the time
period allowed to correct the deficiencies that resulted in the
digest being conditionally approved. (b) The hearing officer may compel the attendance of witnesses and
the production of books and records or other documents from the
county board of tax assessors. The hearing officer may also compel
the production of appropriate records from the commissioner. (c) With respect to any digest conditional approval by the commissioner which will not result in the withholding of state funds and the levy of specific penalties, the county governing authority shall be authorized to appeal only on the issue of the correctness of the commissioner's determination that the digest does not meet the requirements of subsection (a) of Code Section 48-5-343. With respect to any digest conditional approval by the commissioner which will result in the withholding of state funds or the penalty specified in subsection (a) of Code Section 48-5-346, the county governing authority shall be authorized to appeal on the issues of: (1) The correctness of the commissioner's determination that the digest does not meet the requirements of Code Section 48-5-343; and (2) The adequacy of the time period which was available to the county to correct prior deficiencies in the digest, including any issue of the adequacy of the time period allowed under Code Section 48-5-345 and any extension of time granted pursuant to any prior appeal. (d) With respect to any additional state tax assessed against the county by the commissioner pursuant to subsection (b) of Code Section 48-5-345, the county governing authority shall be authorized to appeal on the correctness of the commissioner's determination that such an assessment is due and the accuracy of the amount so assessed. (e) With respect to any specific penalty levied against the county by the commissioner pursuant to paragraph (2) of subsection (a) of Code Section 48-5-346, the county governing authority shall be authorized to appeal on the correctness of the commissioner's determination that such a levy is due and the accuracy of the amount so levied. (f) Hearing officers provided for in this Code section shall be
appointed by the State Board of Equalization. A hearing officer
shall be assigned to hear appeals only from counties located wholly
or partially in the congressional district in which the hearing
officer resides. (g) Any appeals filed pursuant to this Code section may not challenge the correctness of the information provided to the commissioner by the state auditor pursuant to Code Section 48-5-274. |