Kenosha Board of Review adopts amended rules and procedures after attorney-led review

Kenosha Board of Review members voted June 4 to adopt an amended Board and Review Rules and Procedures policy following a detailed review by the board’s attorney.

Attorney Luke Martel walked the board through revisions that he said primarily clarify and align local procedure with state law, rather than change substantive practice. Martel told the board the changes restate statutory timing for the annual 45-day review period and add language clarifying when assessment rules open for public examination.

Martel highlighted several substantive clarifications included in the amended policy. He said the draft: restates statutory notice and timing language for the 45-day review window; adds procedural language allowing the board to deny an evaluation hearing when a property owner has not complied with prerequisite steps; confirms that a property owner who refuses a reasonable written request by certified mail to allow an exterior view may be barred from testifying before the board (language Martel said follows current state law); tightens language on the burden of proof by noting that an objector’s mere criticism of the assessor’s work without independent valuation evidence is generally insufficient to overcome the assessor’s presumption of correctness; adds explicit authority for the board to issue subpoenas (and requires subpoena compliance or permits dismissal); and gives remaining members a process to limit participation by a member who refuses to recuse for a conflict of interest.

Martel also described procedural additions: rules for phone testimony and written statements, criteria for waivers and good-cause determinations, and a recommendation that the board use the Department of Revenue findings-of-fact worksheet to produce and hand a written determination to objectors at the close of each hearing when practicable.

After discussion, a board member moved to approve the amended rules and procedures policy; the board seconded the motion and voted in favor. The motion passed.

The change record and adopted language will guide how the board handles denials of access, waiver requests, subpoenas and the weight given to appraisal evidence at future objection hearings. Board members and staff said they will use the updated language during upcoming objection sessions scheduled later this month and into July.