Sec. 12-120b. Uniform administrative review procedures for certain state-reimbursed property tax exemptions, credits and rebates.
Sec. 12-120b. Uniform administrative review procedures for certain state-reimbursed property tax exemptions, credits and rebates. (a) As used in this section:
(1) "Claimant" means a person, company, limited liability company, firm, association, corporation or other business entity having received approval for financial assistance from a town's assessor or a municipal official;
(2) "Financial assistance" means a property tax exemption, property tax credit or
rental rebate for which the state of Connecticut provides direct or indirect reimbursement; and
(3) "Program" means (A) property tax exemptions under section 12-81g or subdivision (55), (59), (60), (70), (72) or (74) of section 12-81, (B) tax relief pursuant to section
12-129d or 12-170aa, and (C) rebates under section 12-170d.
(b) A claimant negatively affected by a decision of the Secretary of the Office of
Policy and Management with respect to any program may appeal such decision in the
manner set forth in subsection (d) of this section. Any notice the secretary issues pursuant
to this section shall be sent by first class United States mail to a claimant at the address
entered on the application for financial assistance as filed unless, subsequent to the date
of said filing, the claimant sends the secretary a written request that any correspondence
regarding said financial assistance be sent to another name or address. The date of any
notice sent by the secretary pursuant to this section shall be deemed to be the date the
notice is delivered to the claimant.
(c) The secretary may review any application for financial assistance submitted by
a claimant in conjunction with a program. The secretary may exclude from reimbursement any property included in an application that, in the secretary's judgment, does not
qualify for financial assistance or may modify the amount of any financial assistance
approved by an assessor or municipal official in the event the secretary finds it to be
mathematically incorrect, not supported by the application, not in conformance with law
or if the secretary believes that additional information is needed to justify its approval.
(d) (1) If the secretary modifies the amount of financial assistance approved by an
assessor or municipal official under a program, or makes a preliminary determination
that the claimant who filed written application for such financial assistance is ineligible
therefor, the secretary shall send a written notice of preliminary modification or denial
to said claimant and shall concurrently forward a copy to the office of the assessor or
municipal official who approved said financial assistance. The notice shall include plain
language setting forth the reason for the preliminary modification or denial, the name
and telephone number of a member of the secretary's staff to whom questions regarding
the notice may be addressed, a request for any additional information or documentation
that the secretary believes is needed in order to justify the approval of such financial
assistance, the manner by which the claimant may request reconsideration of the secretary's preliminary determination and the timeframe for doing so. Not later than ninety
days after the date an assessor receives a copy of such preliminary notice, the assessor
shall determine whether an increase to the taxable grand list of the town is required to
be made as a result of such modification or denial, unless, in the interim, the assessor
has received written notification from the secretary that a request for a hearing with
respect to such financial assistance has been approved pursuant to subparagraph (B) of
subdivision (2) of this subsection. If an assessment increase is warranted, the assessor
shall promptly issue a certificate of correction adding the value of such property to the
taxable grand list for the appropriate assessment year and shall forward a copy thereof
to the tax collector, who shall, not later than thirty days following, issue a bill for the
amount of the additional tax due as a result of such increase. Such additional tax shall
become due and payable not later than thirty days from the date such bill is sent and
shall be subject to interest for delinquent taxes as provided in section 12-146. With
respect to the preliminary modification or denial of financial assistance for which a
hearing is held, the assessor shall not issue a certificate of correction until the assessor
receives written notice of the secretary's final determination following such hearing.
(2) (A) Any claimant aggrieved by the secretary's notice of preliminary modification or denial of financial assistance under a program may, not later than thirty business
days after receiving said notice, request a reconsideration of the secretary's decision for
any factual reason, provided the claimant states the reason for the reconsideration request
in writing and concurrently provides any additional information or documentation that
the secretary may have requested in the preliminary notice of modification or denial.
The secretary may grant an extension of the date by which a claimant's additional information or documentation must be submitted, upon receipt of proof that the claimant has
requested such data from another governmental agency or if the secretary determines
there is good cause for doing so.
(B) Not later than thirty business days after receiving a claimant's request for reconsideration and any additional information or documentation the claimant has provided,
the secretary shall reconsider the preliminary decision to modify or deny said financial
assistance and shall send the claimant a written notice of the secretary's determination
regarding such reconsideration. If aggrieved by the secretary's notice of determination
with respect to the reconsideration of said financial assistance, the claimant may, not
later than thirty business days after receiving said notice, make application for a hearing
before said secretary, or the secretary's designee. Such application shall be in writing
and shall set forth the reason why the financial assistance in question should not be
modified or denied. Not later than thirty business days after receiving an application
for a hearing, the secretary shall grant or deny such hearing request by written notice
to the claimant. If the secretary denies the claimant's request for a hearing, such notice
shall state the reason for said denial. If the secretary grants the claimant's request for a
hearing, the secretary shall send written notice of the date, time and place of the hearing,
which shall be held not later than thirty business days after the date of the secretary's
notice granting the claimant a hearing. Such hearing may, at the secretary's discretion,
be held in the judicial district in which the claimant or the claimant's property is located.
Not later than thirty business days after the date on which a hearing is held, a written
notice of the secretary's determination with respect to such hearing shall be sent to the
claimant and a copy thereof shall be concurrently sent to the assessor or municipal
official who approved the financial assistance in question.
(3) If any claimant is aggrieved by the secretary's determination concerning the
hearing regarding the claimant's financial assistance or the secretary's decision not to
hold a hearing, such claimant may, not later than thirty business days after receiving
the secretary's notice related thereto, appeal to the superior court of the judicial district
in which the claimant resides or in which the claimant's property that is the subject of
the appeal is located. Such appeal shall be accompanied by a citation to the secretary
to appear before said court, and shall be served and returned in the same manner as is
required in the case of a summons in a civil action. The pendency of such appeal shall
not suspend any action by a municipality to collect property taxes from the applicant
on the property that is the subject of the appeal. The authority issuing the citation shall
take from the applicant a bond or recognizance to the state of Connecticut, with surety,
to prosecute the application in effect and to comply with the orders and decrees of the
court in the premises. Such applications shall be preferred cases, to be heard, unless
cause appears to the contrary, at the first session, by the court or by a committee appointed
by the court. Said court may grant such relief as may be equitable and, if the application
is without probable cause, may tax double or triple costs, as the case demands; and,
upon all applications which are denied, costs may be taxed against the applicant at the
discretion of the court, but no costs shall be taxed against the state.
(4) The secretary shall notify each claimant of the final modification or denial of
financial assistance as claimed, in accordance with the procedure set forth in this subsection. A copy of the notice of final modification or denial shall be sent concurrently to
the assessor or municipal official who approved such financial assistance. With respect
to property tax exemptions under section 12-81g or subdivision (55), (59), (60) or (70)
of section 12-81, and tax relief pursuant to section 12-129d or 12-170aa, the notice
pursuant to this subdivision shall be sent not later than one year after the date claims
for financial assistance for each such program are filed with the secretary. For property
tax exemptions under subdivision (72) or (74) of section 12-81, such notice shall be
sent not later than the date by which a final modification to the payment for such program
must be reflected in the certification of the secretary to the Comptroller. For the program
of rebates under section 12-170d, such notice shall be sent not later than the date by
which the secretary certifies the amounts of payment to the Comptroller.
(June Sp. Sess. P.A. 01-6, S. 46, 85; June Sp. Sess. P.A. 01-9, S. 97, 131; May Sp. Sess. P.A. 04-2, S. 78.)
History: June Sp. Sess. P.A. 01-6 effective July 1, 2001; June Sp. Sess. P.A. 01-9 amended Subsec. (d) to clarify
provisions re preliminary determinations of eligibility, reconsideration of such eligibility and final determinations and to
make technical changes, effective July 1, 2001; May Sp. Sess. P.A. 04-2 amended Subsec. (d)(4) to delete provision re
date by which secretary is required to certify payment amount to Comptroller and add provisions re notices related to
certain property tax exemptions, effective July 1, 2004, and applicable to certifications by the Secretary of the Office of
Policy and Management on and after July 1, 2001.