Wyo. Code R. 211-0001-5
General Agency, Board or Commission Rules
Chapter 5: Equalization Standards and Procedures
Effective Date: 10/20/1995 to 03/31/1998
Rule Type: Superceded Rules & Regulations
Reference Number: 211.0001.5.10201995
Section 1. Authority. These rules are promulgated by the State Board of Equalization under the authority of W.S. 16-3-102 (1977 as amended) and W.S. 39-1-304 (1995 as amended).
Section 2. Purpose. These rules are intended to provide procedures for the application of equalization to ensure all taxable property is assessed at its fair market value.
(a) The State Board is required by statute to examine and compare the abstracts of taxable property in the several counties and equalize the same, so that all property in the state is assessed at its percent of fair market value, and to that end shall add to or deduct from the aggregate valuation of the property, or any class or classes of property, in any county such percent as will bring the same to its fair market value. W.S. 39-1-304(a)(ii).
(i) 'Equalize' means, depending on the circumstances: (1) assuring assessments within a county are at the percent of fair market value required by law; (2) assuring locally assessed and state-assessed properties are assessed uniformly; (3) assuring assessment levels are uniform between counties; or (4) a combination of all three.
(b) A county board of equalization is required by statute to equalize the assessment and valuation of the taxable property which is assessed and valued by the county assessor. W.S. 39-2-302(b)(ii).
(i) 'Equalize' means, for a county board of equalization, assuring assessments within a county are at the percent of fair market value required by law.
(ii) A taxpayer has the right to appear before the county board of equalization which has authority to cause to be made whatever adjustments are necessary. After correction of the assessment roll by the county board equalization, or after the first Monday in July, whichever occurs first, there is a presumption the various owners of classes of property in the county stand on an equal footing within the class, and the valuations of their respective properties have been fully equalized. The process of assessment is, however, not complete at this point until the valuations have been reviewed by the State Board of Equalization.
(c) The exercise of equalization includes the authority to apply, either by flat multipliers or formula applications, across-the-board adjustments, to the assessment of all properties, or any class or classes of property, concerning which an assessment bias is apparent within the relevant assessment jurisdiction. A class of property may be identified by value, neighborhood, type, or other segregation for which reliable information on assessment bias is available.
(i) The exercise of equalization authority by either the State Board or a county board of equalization shall not be so limited as to affect only individual assessments of property in order to evade the statutory requirement for notice to the taxpayer when a change is made in an individual assessment.
(ii) Two or more classes of property which have no relation to each other shall not be combined into a single class.
(iii) Equalization does not include claims or issues relating to valuation judgment absent information of discrimination or systematic, over or under-valuation, in violation of practicable equality and uniformity.
(d) The State Board may consider information relating to the level of appraisal, the dispersion from a point of central tendency, the price-related differential, and any other valid indicators showing whether fair market value for all taxable property in the state has been reached.
(a) The State Board shall make an initial decision by county on the use of a sales ratio study or other information for equalization. If the Board considers equalization measures which would increase or decrease any assessed value, it shall provide not less than 5 days written notice of its intended action, and allow an opportunity for a hearing to the assessor and county board of equalization of the county in which the property is situated.
(i) If no written comment or request for hearing is received within the time frame provided, the proposed equalization shall, if so ordered, become final with no further action.
(ii) If a request for hearing is received, the State Board shall schedule and conduct a hearing as soon as possible after the request, and consider all information and arguments presented by the assessor or county board prior to a final equalization order. Equalization proceedings before the State Board are not adversary. Public notice of any scheduled proceeding to consider an equalization order shall be provided. A State Board equalization order constitutes final agency action pursuant to W.S. 16-3-114. W.S. 39-1-304(a)(ii) A county assessor and county board of equalization are not obligated to defend final equalized values imposed by the State Board. County assessors shall defend only the appraised values which they set.
(b) County boards of equalization shall take all necessary action to effectuate all final equalization orders of the state board of equalization. W.S. 39-1-304(a)(ii)
(c) The mailing of notice of equalized values to taxpayers shall not be required but may be advised by an equalization order. Pursuant to the Wyoming public records statutes, W.S. 16-4-201 et seq., taxpayers have the right to review all public records, including equalized values and property characteristic information, in the office of the county assessor, under reasonable requirements and restrictions established by the assessor to prevent unnecessary interference with the regular discharge of the duties of the office.
(d) Following the revision of values to effect equalization, the county assessor shall revise and resubmit the abstract of the county assessment roll to the State Board for review and approval. The equalized county valuation, as approved or changed following submission and Board review, shall be the valuation basis in the county for all tax levies. The State Board shall communicate its equalization actions to the Department, along with any recommendations for improved work practices of county assessors. W.S. 39-1-304(a)(v)
Upon completion of the equalization process, the State Board shall receive, review and acknowledge mill levies, indicating any apparent error or questions concerning statutory or constitutional limits. W.S. 39-1-304(a)(v).
The State Board may, from time to time, request specific reports from public officers regarding the assessment of property, collection of taxes, and other information the Board may need in the form it prescribes. W.S. 39-1-304(a)(xx)
(a) This chapter, being intended to further a just and equal distribution of the burdens of taxation, its provisions shall be liberally, rather than strictly construed.
(b) Nothing in this chapter shall create or modify private rights or procedures available to the public unless expressly stated or otherwise provided for by law.