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BAR reiterates statutory 60-day decision deadline; applicants may consent to extensions
Summary
Board attorneys and staff told members the 60-day statutory deadline for board decisions is jurisdictional but can be extended only by the applicant's consent; staff will circulate a consent-form template and applicants typically sign to avoid deemed denial.
Board attorneys reviewed the process for extending the statutory 60-day deadline for decisions on abatement applications, emphasizing the extension is available only by the applicant’s consent rather than by a board continuance. The meeting record states the sixty-day deadline is jurisdictional under statute and that "applicant's sole option" to waive the deemed-denial deadline is to sign a consent form that permits the board to issue a decision beyond 60 days.
Assessing Director Dan Robinson said that "in practice, applicants always consent because they want their case heard," and attorney Ben McCall explained that a deemed denial followed by Superior Court review typically results in the case being remanded back to the board, while a later decision increases statutory interest on any overpayment. Counsel agreed to check for an existing consent-form template and to provide one if needed.
