Section 52IAC3-1-2. Property subject to the small claims procedure

   (a) Unless a party elects to transfer out under section 3 of this rule, an appeal petition shall be subject to the small claims procedure if the property under appeal is:

(1) an unimproved parcel of land with an assessed value not in excess of one million dollars ($1,000,000);

(2) a parcel of land, as improved, with an assessed value for land and improvements not in excess of one million dollars ($1,000,000); or

(3) personal property not in excess of one million dollars ($1,000,000).

  (b) By accepting the small claims procedure, the parties agree that:

(1) the issues contained in the appeal petition are substantially the same as those presented to the PTABOA; and

(2) no new issues will be raised before the board.

  (c) The small claims appeal petition may not be amended except to conform the issues raised in the appeal petition to those issues raised at the PTABOA hearing from which the appeal arises.

  (d) A party to any appeal concerning a property that does not meet the criteria described in subsection (a) may elect to have the petition heard under the small claims procedure by:

(1) requesting so upon filing the appeal petition or by notifying the board, in writing, within thirty (30) days of filing his or her petition; and

(2) obtaining consent to such election from the other parties to the proceeding. A party's failure to object to the election of the board's small claims procedures for property that does not meet the criteria of subsection (a) may be deemed by the board to be the party's consent to such an election.

(Indiana Board of Tax Review; 52 IAC 3-1-2; filed Jan 26, 2004, 11:30 a.m.: 27 IR 1787; errata filed Mar 4, 2004, 9:45 a.m.: 27 IR 2284; filed Aug 1, 2012, 11:08 a.m.: 20120829-IR-052110669FRA)