SECTION 9.4311. Prehearing Exchanges and Informal Conference Regarding Petition

(a) After reviewing the petition, the division will send petitioner responses to each of the petitioner's grounds for objection. The division's responses may include agreement, disagreement, disagreement with modification, or rejection as set forth in this subchapter.

(1) An agreement by the division to the relief requested or the amount claimed to be correct in a ground for objection is a final resolution as to that ground for objection.

(2) If at any time a response by the division results in a valid finding for a school district, the protest shall be finally resolved for the protesting school district and all eligible property owners protesting property in the school district, and there shall be no further consideration of the petitions.

(b) Not later than 15 calendar days after the division delivers its responses to the petitioner, the petitioner must reply to the division utilizing Part B of the petition.

(1) The petitioner's reply must either agree to all of the division's responses, thereby waiving further consideration of the petition, or notify the division as to each ground for objection the petitioner disagrees and will continue to protest.

(2) A petitioner's failure to timely reply as provided in this subsection will be deemed agreement to the division's responses and will constitute final resolution of the petitioner's protest.

(3) In an otherwise timely-filed reply, a petitioner's failure to indicate on Part B of the petition an agreement or disagreement to the division's response will be deemed agreement to the division's response as to the ground for objection and will constitute final resolution as to the ground for objection.

(4) The petitioner may not reply to a rejection of a ground for objection. The petitioner may only request referral of the petition to SOAH for a hearing on the rejection pursuant to §9.4309 of this title (relating to Insufficient Grounds for Objection).

(c) For each ground for objection with which petitioner does not agree with the division's response, petitioner must file with the division director:

(1) any supplemental evidence not already submitted at the time the petition was filed, with any such supplemental evidence organized, separated and identified pursuant to §9.4308(h) of this title (relating to Contents of Petition); and

(2) a written designation of witnesses who may testify at the hearing on each unresolved ground for objection with witnesses identified by name and with the professional qualifications of each identified witness.

(d) All documents required pursuant to subsection (c) of this section must be filed with, and at the same time as, petitioner's reply submitted under subsection (b) of this section.

(e) Within 15 calendar days after receipt of petitioner's reply and supplemental evidence, if any, the division shall:

(1) supplement the documents created, collected, and utilized by the division in conducting the study or performing the audit, as applicable, including any rebuttal evidence regarding each ground for objection to which petitioner has not agreed; and

(2) provide a written designation of witnesses who may testify at the hearing on each unresolved ground for objection, with witnesses identified by name and with the professional qualifications of each witness identified.

(f) For purposes of this subchapter, employees of the division and the chief appraiser of the appraisal district that appraised property for a protesting school district, as well as employees of the chief appraiser appraising property for the protesting school district employed pursuant to Tax Code, § 6.05(d), are deemed qualified to testify as witnesses.

(g) The division will either provide notice of the date, time, and place of an informal conference regarding the petition to be held for consideration of petitioner's remaining grounds for objection, or the division may provide the petitioner with revised recommendations to the division's initial responses for any unresolved grounds for objections.

(1) No later than seven calendar days after being provided the division's revised recommendations, a petitioner may agree to the division's revised recommendations, and waive further consideration of the petition, thereby finally disposing of the protest, or request an informal conference be held for consideration of petitioner's remaining grounds for objection.

(2) Notwithstanding the referral of rejections to SOAH under §9.4309 of this title, appearance and participation in an informal conference regarding the petition is a jurisdictional prerequisite for referral of grounds for objection to SOAH for hearing.

(3) Failure to appear in the scheduled informal conference will be deemed agreement by the petitioner to the division's recommendations or revised recommendations, constitute final resolution and waive further consideration of petitioner's petition, thereby finally disposing of the protest.

(4) Notice under this subsection will be made by U.S. first class mail, overnight delivery service, facsimile, or email.

(h) If the division has identified any failure of petitioner to properly comply with the requirements of labeling and organizing evidence, at the time of the informal conference the petitioner will be notified of such failure and given the opportunity to correct such failure through identification of evidence that was intended to correspond to grounds for objection that remain unresolved and subject to referral to SOAH. This subsection does not permit a petitioner to submit any additional information, documentation, or evidence.

(i) After completing the informal conference, the petitioner may request a referral for a hearing before a SOAH Administrative Law Judge (ALJ) for all remaining unresolved grounds for objection submitted on Part B of the petition.

(j) A petitioner's request for a referral to SOAH for a hearing on the unresolved grounds for objection shall be made by filing a written request with the division director no later than seven calendar days after the informal conference.

(1) The petitioner's written request must specifically identify each ground for objection for which the referral is requested by numbered objection as reported on Part B of the petition.

(2) The petitioner's written request must identify the individuals who will present argument and introduce evidence on behalf of the petitioner before SOAH.

Source Note: The provisions of this §9.4311 adopted to be effective July 19, 2021, 46 TexReg 4358