54:51A-4 - Review and revision of equalization tables

54:51A-4.  Review and revision of equalization tables
    a.  A county equalization table may be reviewed by the tax court on complaint of any taxing district or taxpayer in the county, or on its own motion, but the review shall not suspend the apportionment of moneys or collection of taxes.  No change shall be made in the table except after a hearing in the county, of which 5 days' notice shall be given by mail to the governing body of each taxing district.  If, after the hearing, the tax court shall determine that the aggregate valuation of any district or districts as fixed by the county board was erroneous, it shall revise and correct the equalization table, and ascertain the difference between the amount of State and county taxes actually charged against each district in the county or distributed to it and the amount which should have been charged or distributed according to the corrected table and enter judgment accordingly.  The difference shall be debited or credited, as the case may be, to each taxing district on account of its share of State and county taxes next due or distributable, as the case may be.  The tax court may make all orders necessary  to carry out the provisions of this section, but the review shall be completed  before September 10, annually.  A certified copy of the revised and corrected  table shall be transmitted to each official or board to whom the original table  was required to be transmitted and also to the Director of the Division of  Taxation in the Department of the Treasury.

    b.  The State equalization table, other than the equalization table promulgated pursuant to section 1 of P.L.1954, c. 86 (C. 54:1-35.1), may be reviewed by the tax court on complaint of any county, filed with it within 45 days after the table has been filed with it, or on its own motion, but the review shall not suspend the apportionment of moneys or collection of taxes. No change shall be made in the table except after a hearing, of which 5 days' notice shall be given by mail to the county board of taxation and the governing  body of each county.  If after the hearing the tax court shall determine that  the aggregate valuation of any county as fixed by the Director of the Division  of Taxation was erroneous, the tax court shall revise and correct the State  equalization table, and then ascertain the difference between the amount of  State taxes actually charged against each district in the county, and the State  moneys paid the county, or district, and the amount which should have been  charged or paid according to the corrected table.  The difference shall be  debited or credited, as the case may be, to each county or district on account  of its share of State taxes or State moneys next due, and the tax court shall  have the power to make all orders necessary to carry out the provisions of this  section, but the review shall be completed before November 1, annually.  A  certified copy of the revised and corrected table shall be transmitted to each  official or board to whom the original table was required to be transmitted and  also to the director.

    c.  The State equalization table promulgated pursuant to section 1 of P.L.1954, c. 86 (C. 54:1-35.1) may be reviewed by the tax court on complaint of  any taxing district made within 45 days after its promulgation, or on its own  motion, but such review shall not suspend the apportionment of school aid moneys.  No change shall be made in the table except after hearing, of which five days' notice shall be given by mail to the governing body of the taxing district.  If, after the hearing, the tax court shall determine that the equalized valuation of any district or districts as fixed by the directors was erroneous, it shall revise and correct the equalization table.  Such hearings, review and revisions shall be completed by January 30 next following the promulgation of the table.  A certified copy of the revised and corrected table  shall be transmitted to each official or board to whom the original table was  required to be transmitted and also to the Director of the Division of  Taxation.  In any such proceeding, the director shall be entitled to be heard,  and the assessment ratios as promulgated shall be presumed to be correct, and  shall not be revised or modified by the tax court unless the complainant  district shall present proof that upon all the evidence available such ratio or  ratios could not reasonably be justified.

     L.1983, c. 45, s. 54:51A-4, eff. Jan. 28, 1983.