1. (a) In keeping with the intent of Acts 1997, No. 836, newly discovered and newly constructed property will be appraised and assessed at the value prevailing before the implementation of Acts 1995, No. 758.
2. (b) In the year any reappraisal is being completed, the assessor shall maintain a list of newly constructed or newly discovered property encountered during the reappraisal.

3. (c) To ensure that all property within a county is equitably assessed, an assessor whose county did not fail its last ratio study may revise property values in a particular neighborhood or neighborhoods only if:

   1. (1) All other neighborhoods in the county have been surveyed; and
   2. (2) There is evidence that they are correctly appraised at full market value.
4. (d) A reappraisal management plan must be filed with the Assessment Coordination Division no later than November 1 of the year preceding the commencement of the reappraisal.
5. (e) The division shall prepare and distribute to the counties an In-House Countywide Reappraisal Plan, Form A-9, and a Contracted Countywide Reappraisal Plan, Form A-10, which contains the minimum criteria for plans that shall be accepted by the division.
6. (f) The division retains the authority to reject a plan that may meet the minimum criteria as published, but which it determines is not submitted in good faith.

7. (g)

   1. (1) There may be additional safeguards that should be inserted into the forms.
   2. (2) The form is not meant be complete or exhaustive.
   3. (3) It is the responsibility of each county to determine the specific language for inclusion in its final plan and contract.

8. (h)

   1. (1) A county that has contracted with a private appraisal company and subsequently learns that the private appraisal company is not fulfilling its contractual obligations shall promptly:

      1. (A) Notify the division; and
      2. (B) File a complaint in writing stating the allegations giving rise to the complaint.
   2. (2) The division shall then notify said private appraisal firm that a complaint has been filed, enclosing a copy of the complaint.
9. (i) Any member of the staff of the division or a member of the public who learns of a possible violation of the contractual obligations of a private appraisal company and the county, may also file a complaint with the division.

10. (j)

    1. (1) The Director of the Assessment Coordination Division shall then set a conference date no earlier than thirty (30) days from the date that the private appraisal firm, the assessor, and the complaining party are notified by certified mail, return receipt requested:

       1. (A) Setting a place and time for the conference; and
       2. (B) Advising the complaining party, private appraisal firm, and the assessor of their right to be present to present the allegations and any rebuttal.

    2. (2) Said conference shall be:

       1. (A) Open to the public; and
       2. (B) Attended by members of the staff of the division as designated by the director.
11. (k) Should the director or his or her appointee determine that the private appraisal firm has failed to abide by the appraisal standards of the International Association of Assessing Officers and that the failure is significant and pervasive resulting in substandard appraisals that, if the private appraisal company does not agree to immediately correct the problem at its own expense, and do so, then the division shall not approve any future plans involving that private appraisal company until such time as the defects are substantially corrected.

12. (l)

    1. (1) If a county fails to abide fully by the terms of a filed plan and the director has reached a preliminary decision to terminate the plan, the division shall not do so unless it has notified the county, setting out the factors giving rise to its decision to terminate and affording the county an opportunity to appear before the director to show cause why the plan should not be terminated for good cause.
    2. (2) The division shall notify all signatories to the plan, by certified mail, of their right to appear and participate in the event of a preliminary decision to terminate the plan, and the time and place shall be set for a full consideration of the matter and their right to appear and participate.

    3. (3) On termination of a plan, the division shall promptly:

       1. (A) Notify the proper fiscal officers disbursing state aid and turn-back funds that the county does not have an approved plan that is being implemented; and
       2. (B) Ask that the full range of penalties provided by law be applied to the county.
13. (m) Any action or pending action by the division involving allegations that an appraisal firm has failed to abide by its contractual obligations to a county shall not in any manner preclude the filing of an action in the appropriate court of this state by any of the parties to the contract.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: "STATUTORY AUTHORITY: A.C.A. 26-26-307 (Acts 1997, No. 836 Section 3) STATUTORY AUTHORITY: A.C.A. 26-26-308 (Acts 1997, No. 836 Section 4)" "Adopted 10/01/99"