(a)
- (1) Any objection to Tax Appeals Commission jurisdiction shall be raised by filing a motion to dismiss under 26 CAR § 411-301.
- (2) The commission may raise a jurisdictional matter on its own.
- (b) All case deadlines, including the deadline for the Department of Finance and Administration to file an answer, are automatically tolled upon the filing of such a motion to dismiss or the commission’s notice or order raising a jurisdictional matter.
(c)
- (1) For a case assigned to the commission en banc, whether the commission has jurisdiction shall be decided en banc.
- (2) For a case assigned to a single commissioner, that commissioner shall decide.
(d)
(1)
- (A) After notice and an opportunity for a response, if it is determined that the commission lacks jurisdiction, the case shall be dismissed.
- (B) The dismissal shall:
(i) Explain the legal basis; and
- (ii) Be published under 26 CAR § 411-502.
(2)
- (A) If it is determined that the commission has jurisdiction, at least in part, then an order shall be issued, including setting the deadline for any answer, and the case shall proceed.
- (B) Any jurisdictional objection and the decision thereon shall be explained in the subsequent decision on the merits under 26 CAR § 411-501.