The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.
(1) Agent--The individual that the petitioner is required to designate in the petition to perform the following activities on behalf of the petitioner:
- (A) receive and act on all notices, orders, decisions, exceptions, replies to exceptions, and any other communications regarding the petitioner's protest;
- (B) resolve any matter raised in petitioner's petition;
- (C) argue and present evidence timely submitted with the petition at petitioner's protest hearing, unless agent designates in writing another individual to argue and present timely submitted evidence; and
- (D) any other action required of petitioner.
- (2) ALJ--An Administrative Law Judge employed by the State Office of Administrative Hearings.
- (3) Appraisal district measures--The comptroller's measures of the degree of uniformity and median level of appraisal of an appraisal district made under Tax Code, §5.10.
(4) Decision--
- (A) Proposed decision--A finding made by the ALJ concerning a protest of preliminary findings of taxable value, subject to filing of exceptions by any party.
- (B) Final decision--An official finding adopted by the deputy comptroller.
- (5) Division--The Comptroller of Public Accounts division that is charged with conducting the Property Value Study and the performance of other programmatic functions related to the administration of the state property.
- (6) District--A school district. District does not include an appraisal district.
- (7) Good cause--Appropriate justification other than a claim that the periods provided by these rules are too short.
- (8) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization.
- (9) Petition--The document and supporting evidence filed by petitioner indicating disagreement with the comptroller's preliminary findings or appraisal district measures.
- (10) Petitioner--A school superintendent, chief appraiser or eligible property owner who submits a petition seeking redetermination of the comptroller's preliminary findings or appraisal district measures. Unless the context clearly indicates otherwise, in this subchapter, the term "petitioner" includes petitioner's agent.
- (11) Preliminary findings--The comptroller's findings of district property value delivered to a district and certified to the commissioner of education under Government Code, §403.302(f) or (g).
- (12) Protest--A disagreement by a district, property owner, or appraisal district with the comptroller's preliminary findings or appraisal district measures initiated by timely filing the petition required by §9.4307 of this title (relating to Filing a Protest).
- (13) Ratio study--A study designed to evaluate appraisal performance through a comparison of appraised values made for tax purposes with independent estimates of market value based either on sales prices or independent appraisals.
- (14) SOAH--The State Office of Administrative Hearings.
Source Note:The provisions of this §9.4301 adopted to be effective January 29, 2009, 34 TexReg 434.