§ 105-342. Notice, hearing, and appeal. - North Carolina Statutes

§105‑342.  Notice, hearing, and appeal.

(a)        Right toInformation. – Upon written request to the Department of Revenue, any publicservice company whose property values are subject to appraisal, apportionment,and allocation for purposes of taxation under this Article shall be entitled tobe informed of the elements that the Department considered in the appraisal ofthe company's property, the result in dollars produced by each element(including the methods and mathematical calculations used in determining thoseresults), the specific factors and ratios the Department used in apportioningthe appraised valuation of the company's property to this State, and thefactors and the specific mathematical calculations the Department used inallocating the company's valuation among the local taxing units of this State.Upon written request to the Department of Revenue, any local taxing unit inthis State shall be entitled to the same information with regard to any publicservice company whose property values are subject to appraisal, apportionment,and allocation for purposes of taxation under this Article.

(b)        Appraisal andApportionment Review. – The appraised valuation of public service company'sproperty and the share thereof apportioned for taxation in this State underG.S. 105‑335, 105‑336, and 105‑337 shall be deemed tentativefigures until the provisions of this subsection (b) have been complied with. Assoon as practicable after the tentative figures referred to in the precedingsentence have been determined, the Department of Revenue shall give thetaxpayer written notice of the proposed figures and shall state in the noticethat the taxpayer shall have 20 days after the date on which the notice wasmailed in which to submit a written request to the Property Tax Commission fora hearing on the tentative appraisal or apportionment or both. If a timelyrequest for a hearing is not made, the tentative figures shall become final andconclusive at the close of the twentieth day after the notice was mailed. If atimely request is made, the Property Tax Commission shall fix a date and placefor the requested hearing and give the taxpayer at least 20 days' writtennotice thereof. The hearing shall be conducted under the provisions ofsubsection (d), below.

(c)        Repealed by SessionLaws 1985, c. 601, s. 4.

(d)        Hearing and Appeal.– At any hearing under this section, the Property Tax Commission shall hear allevidence and affidavits offered by the taxpayer and may exercise the authoritygranted by G.S. 105‑290(d) to obtain information pertinent to decision ofthe issue. The Commission shall make findings of fact and conclusions of lawand issue an order embodying its decision. As soon as practicable thereafter,the Commission shall serve a written copy of its decision upon the taxpayer bypersonal service or by registered or certified mail, return receipt requested. (1971,c. 806, s. 1; 1973, c. 476, s. 193; 1979, c. 584, s. 2; c. 665, s. 1; 1985, c.601, s. 4; 1987 (Reg. Sess., 1988), c. 1052, s. 1.)