Q: Is it sufficient notice under due process to 1st class mail a proposed property tax increase of >$1000, if not received?
I am an Enrolled Agent, as well as a 2L in law school. I operate a property tax reduction business with over 100 clients. Our county in GA only mails a notice every year, and lo and behold, I never got mine. I inquired with my contacts in the office after not getting my notice and found that they had raised my assessment by over 30%, and I was now past the 45 day appeal window. I have an contemporaneous appraisal at $150k less than their new value, and as I said, I am in this business, so I clearly would have appealed if I had notice. I receive others' mail all the time, so it is clear that U.S. Mail is not reliable. I already sent them an appeal and notarized affidavit stating I never received the notice and would have appealed. Any other thoughts as to whether simply mailing is valid due process notice, vs. a rebuttable presumption of one?
A: It should be a rebuttable presumption once you give sufficient reasons relief should be available.
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