OAR 150-309-0100: Property Value Appeals Board (PVAB) Defective and Amended Petition Process

For purposes of this rule, "petitioner" is used as defined in OAR 150‐309‐0110. (1) The clerk of PVAB will review the filed petitions for compliance with OAR 150‐309‐0090. (2) If the petition is defective, the clerk will provide written notice to the petitioner unless a representative is named on the petition. If a representative is named on the petition, the clerk will provide written notice to the petitioner's representative. The notice may be personally delivered or mailed to the mailing address on the petition. If the petitioner's representative has not provided a mailing address and the notice cannot be personally delivered, the clerk will provide notice of the defective petition to the petitioner. (3) The notice must include the following information: (a) The nature of the defect, (b) The time allowed by section (4) or section (6) of this rule to correct the defect, and (c) A statement that failure to correct the defect within the time allowed will result in dismissal of the appeal without further notice. (4) If the board clerk provides notice of a defective petition by mailing or personal delivery more than 20 days before the last day of the board session described in ORS 309.026, the petitioner or petitioner's representative has 20 days from the date the notice of defective petition was mailed or personally delivered, or until the last day for filing a petition with PVAB, whichever is later, to correct the defect. Time is computed from the first day following the date the written notice was mailed or personally delivered and includes the last day unless the last day falls on a legal holiday, Saturday, or Sunday. The time is then extended to the next working day. Corrected petitions may be faxed to the county clerk and will be considered timely filed under the guidelines listed in Section (4) of OAR 150‐ 309‐0070. (5) If the board clerk provides notice of a defective petition by mailing or personal delivery within 20 days of the last day of the board session described in ORS 309.026, the board clerk may give the notice described in section (3) of this rule by any practical means such as telephone, fax, or letter. In this circumstance, the petitioner or petitioner's representative has until 3:00 p.m. of the last day of the board session to file an amended petition correcting the defect. However, if the petitioner or petitioner's representative appears at the hearing, all corrections must be made at that time. (6) The board must dismiss the petition as defective if the petitioner or petitioner's representative does not correct the petition within the time periods prescribed in Sections (4) and (6) of this rule. (7) In addition to amending a petition to comply with OAR 150‐309‐0090 under (4) above, any petition may be amended up to and including the time of the hearing for the following reasons: (a) To add or delete land or improvements that are components of the account originally appealed. (b) To add a separate account that together with the original account appealed creates a "parcel" within the meaning of OAR 150‐308‐1140. A petition may not be amended to include a separate account that is not part of an identified parcel. (c) To add a manufactured structure account that is sited on the original account under appeal. (d) To designate or change an authorized representative. (e) To change the value requested.