Ohio 2025 2025-2026 Regular Session

Ohio House Bill HB232 Introduced / Bill

                    As Introduced
136th General Assembly
Regular Session	H. B. No. 232
2025-2026
Representatives Mathews, A., Thomas, D.
To amend sections 5715.19 and 5717.01 of the 
Revised Code to modify the law governing certain 
property tax complaints.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 5715.19 and 5717.01 of the 
Revised Code be amended to read as follows:
Sec. 5715.19. (A) As used in this section:
"Member" has the same meaning as in section 1706.01 of the 
Revised Code.
"Internet identifier of record" has the same meaning as in 
section 9.312 of the Revised Code.
"Interim period" means, for each county, the tax year to 
which section 5715.24 of the Revised Code applies and each 
subsequent tax year until the tax year in which that section 
applies again.
"Legislative authority" means a board of county 
commissioners, a board of township trustees of any township with 
territory in the county, the board of education of any school 
district with territory in the county, or the legislative 
authority of a municipal corporation with territory in the 
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county.
"Original complaint" means a complaint filed under 
division (A) of this section.
"Counter-complaint" means a complaint filed under division 
(B) of this section in response to an original complaint.
"Third party complainant" means a complainant other than 
the property owner, the owner's spouse, a tenant authorized to 
file an original complaint, or any person acting on behalf of a 
property owner. "Third party complainant" does not include a 
legislative authority or a mayor of a municipal corporation, but 
does include the prosecuting attorney or treasurer of a county 
or any person acting on behalf of a legislative authority or 
mayor.
For purposes of this section, a person is considered to be 
acting on behalf of a legislative authority or mayor if the 
person is an official or employee of the political subdivision 
or has been hired, contracted, or directed by such an official 
or employee to file a complaint or counter-complaint under this 
section on behalf of the political subdivision.
(1) Subject to division (A)(2) of this section, a 
complaint against any of the following determinations for the 
current tax year shall be filed with the county auditor on or 
before the thirty-first day of March of the ensuing tax year or 
the date of closing of the collection for the first half of real 
and public utility property taxes for the current tax year, 
whichever is later: 
(a) Any classification made under section 5713.041 of the 
Revised Code; 
(b) Any determination made under section 5713.32 or 
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5713.35 of the Revised Code; 
(c) Any recoupment charge levied under section 5713.35 of 
the Revised Code; 
(d) The determination of the total valuation or assessment 
of any parcel that appears on the tax list, except parcels 
assessed by the tax commissioner pursuant to section 5727.06 of 
the Revised Code; 
(e) The determination of the total valuation of any parcel 
that appears on the agricultural land tax list, except parcels 
assessed by the tax commissioner pursuant to section 5727.06 of 
the Revised Code; 
(f) Any determination made under division (A) of section 
319.302 of the Revised Code. 
If such a complaint is filed by mail or certified mail, 
the date of the United States postmark placed on the envelope or 
sender's receipt by the postal service shall be treated as the 
date of filing. A private meter postmark on an envelope is not a 
valid postmark for purposes of establishing whether a complaint 
has been timely filed. 
Subject to division (A)(6) of this section, any person 
owning taxable real property in the county or in a taxing 
district with territory in the county; such a person's spouse; a 
tenant of the property owner, if the property is classified as 
to use for tax purposes as commercial or industrial, the lease 
requires the tenant to pay the entire amount of taxes charged 
against the property, and the lease allows, or the property 
owner otherwise authorizes, the tenant to file such a complaint 
with respect to the property; an individual who is retained by 
such a person or tenant and who holds a designation from a 
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professional assessment organization, such as the institute for 
professionals in taxation, the national council of property 
taxation, or the international association of assessing 
officers; a public accountant who holds a permit under section 
4701.10 of the Revised Code, a general or residential real 
estate appraiser licensed or certified under Chapter 4763. of 
the Revised Code, or a real estate broker licensed under Chapter 
4735. of the Revised Code, who is retained by such a person or 
tenant; if the person or tenant is a firm, company, association, 
partnership, limited liability company, or corporation, an 
officer, a salaried employee, a partner, or a member of that 
person or tenant; if the person or tenant is a trust, a trustee 
of the trust; the prosecuting attorney or treasurer of the 
county; or the legislative authority of a subdivision or the 
mayor of a municipal corporation may file such a complaint 
regarding any such determination affecting any real property in 
the county, except that a person owning taxable real property in 
another county may file such a complaint only with regard to any 
such determination affecting real property in the county that is 
located in the same taxing district as that person's real 
property is located. The county auditor shall present to the 
county board of revision all complaints filed with the auditor. 
(2) No person, legislative authority, or officer shall 
file a complaint against the valuation or assessment of any 
parcel that appears on the tax list if it filed a complaint 
against the valuation or assessment of that parcel for any prior 
tax year in the same interim period, unless the person, 
legislative authority, or officer alleges that the valuation or 
assessment should be changed due to one or more of the following 
circumstances that occurred after the tax lien date for the tax 
year for which the prior complaint was filed and that the 
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circumstances were not taken into consideration with respect to 
the prior complaint:
(a) The property was sold in an arm's length transaction, 
as described in section 5713.03 of the Revised Code;
(b) The property lost value due to some casualty;
(c) Substantial improvement was added to the property;
(d) An increase or decrease of at least fifteen per cent 
in the property's occupancy has had a substantial economic 
impact on the property.
(3) If a county board of revision, the board of tax 
appeals, or any court dismisses a complaint filed under this 
section or section 5715.13 of the Revised Code for the reason 
that the act of filing the complaint was the unauthorized 
practice of law or the person filing the complaint was engaged 
in the unauthorized practice of law, the party affected by a 
decrease in valuation or the party's agent, or the person owning 
taxable real property in the county or in a taxing district with 
territory in the county, may refile the complaint, 
notwithstanding division (A)(2) of this section.
(4)(a) No complaint filed under this section or section 
5715.13 of the Revised Code shall be dismissed for the reason 
that the complaint fails to accurately identify the owner of the 
property that is the subject of the complaint.
(b) If a complaint fails to accurately identify the owner 
of the property that is the subject of the complaint, the board 
of revision shall exercise due diligence to ensure the correct 
property owner is notified as required by divisions (B) and (C) 
of this section.
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(5) Notwithstanding division (A)(2) of this section, a 
person, legislative authority, or officer may file a complaint 
against the valuation or assessment of any parcel that appears 
on the tax list if it filed a complaint against the valuation or 
assessment of that parcel for any prior tax year in the same 
interim period if the person, legislative authority, or officer 
withdrew the complaint before the complaint was heard by the 
board.
(6) The legislative authority of a subdivision, the mayor 
of a municipal corporation, or a third party complainant shall 
not file an original complaint with respect to property the 
subdivision or complainant does not own or lease unless both of 
the following conditions are met:
(a) If the complaint is based on a determination described 
in division (A)(1)(d) or (e) of this section, the property was 
(i) sold all of the following requirements are met:
(i) The complaint seeks an increase in the valuation of 
the property based upon the sale of the property in an arm's 
length transaction, as described in section 5713.03 of the 
Revised Code, before, but not after, .
(ii) That sale is evidenced by a conveyance fee statement, 
attached to the complaint, that declares the value of the 
property conveyed pursuant to section 319.202 of the Revised 
Code and that was filed during the two years preceding the tax 
lien date for the tax year for which the complaint is to be 
filed, and (ii) the .
(iii) That sale price exceeds the true value of the 
property appearing on the tax list for that tax year by both ten 
per cent and the amount of the filing threshold determined under 
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division (J) of this section ;.
(b) If the complaint is filed by a legislative authority 
or , mayor, or third party complainant acting on behalf of a 
legislative authority or mayor, the legislative authority or, in 
the case of a mayor, the legislative authority of the municipal 
corporation, first adopts a resolution authorizing the filing of 
the original complaint at a public meeting of the legislative 
authority.
(7) A resolution adopted under division (A)(6)(b) of this 
section shall include all of the following information:
(a) Identification of the parcel or parcels that are the 
subject of the original complaint by street address, if 
available from online records of the county auditor, and by 
permanent parcel number;
(b) The name of at least one of the record owners of the 
parcel or parcels;
(c) The basis for the complaint under divisions (A)(1)(a) 
to (f) of this section relative to each parcel identified in the 
resolution;
(d) The tax year for which the complaint will be filed, 
which shall be a year for which a complaint may be timely filed 
under this section at the time of the resolution's adoption.
A legislative authority shall not adopt a resolution 
required under division (A)(6)(b) of this section that 
identifies more than one parcel under division (A)(7)(a) of this 
section, except that a single resolution may identify more than 
one parcel under that division if each parcel has the same 
record owner or the same record owners, as applicable. A 
legislative authority may adopt multiple resolutions required 
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under division (A)(6)(b) of this section by a single vote, 
provided that the vote is separate from the question of whether 
to adopt any resolution that is not adopted under division (A)
(6)(b) of this section.
Before adopting a resolution required by division (A)(6)
(b) of this section, the legislative authority shall mail a 
written notice to at least one of the record owners of the 
parcel or parcels identified in the resolution stating the 
intent of the legislative authority in adopting the resolution, 
the proposed date of adoption, and the basis for the complaint 
under divisions (A)(1)(a) to (f) of this section relative to 
each parcel identified in the resolution. The notice shall be 
sent by certified mail to the last known tax-mailing address of 
at least one of the record owners and, if different from that 
tax-mailing address, to the street address of the parcel or 
parcels identified in the resolution. Alternatively, if the 
legislative authority has record of an internet identifier of 
record associated with at least one of the record owners, the 
legislative authority may send the notice by ordinary mail and 
by that internet identifier of record. The notice shall be 
postmarked or, if sent by internet identifier of record, sent at 
least seven calendar days before the legislative authority 
adopts the resolution.
A board of revision has jurisdiction to consider a 
complaint filed pursuant to a resolution adopted under division 
(A)(6)(b) of this section only if the legislative authority 
notifies the board of revision of the resolution in the manner 
prescribed in division (A)(8)(A)(8)(a) of this section. The 
failure to accurately identify the street address or the name of 
the record owners of the parcel in the resolution does not 
invalidate the resolution nor is it a cause for dismissal of the 
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complaint.
(8)(8)(a) A complaint form prescribed by a board of 
revision or the tax commissioner for the purpose of this section 
shall include a box that must be checked, when a legislative 
authority, mayor, or third party complainant acting on behalf of 
either files an original complaint, to indicate that a 
resolution authorizing the complaint was adopted in accordance 
with divisions (A)(6)(b) and (7) of this section and that notice 
was mailed or sent in accordance with division (A)(7) of this 
section before adoption of the resolution to at least one of the 
record owners of the property that is the subject of the 
complaint.
(b) Any third party complainant shall submit, with the 
complaint, a sworn affidavit stating whether the third party 
complainant is or is not acting on behalf of a legislative 
authority or mayor.
(B)(B)(1) Within thirty days after the last date such 
complaints may be filed, the auditor shall give notice of each 
complaint in which the stated amount of overvaluation, 
undervaluation, discriminatory valuation, illegal valuation, or 
incorrect determination is at least seventeen thousand five 
hundred dollars in taxable value to each property owner whose 
property is the subject of the complaint, if the complaint was 
not filed by the owner or the owner's spouse. A board of 
education, subject to this division; a property owner; the 
owner's spouse; a tenant of the owner, if that tenant would be 
eligible to file a complaint under division (A) of this section 
with respect to the property; an individual who is retained by 
such an owner or tenant and who holds a designation from a 
professional assessment organization, such as the institute for 
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professionals in taxation, the national council of property 
taxation, or the international association of assessing 
officers; a public accountant who holds a permit under section 
4701.10 of the Revised Code, a general or residential real 
estate appraiser licensed or certified under Chapter 4763. of 
the Revised Code, or a real estate broker licensed under Chapter 
4735. of the Revised Code, who is retained by such an owner or 
tenant; or, if the owner or tenant is a firm, company, 
association, partnership, limited liability company, 
corporation, or trust, an officer, a salaried employee, a 
partner, a member, or trustee of that owner or tenant, may file 
a counter-complaint in support of or objecting to the amount of 
alleged overvaluation, undervaluation, discriminatory valuation, 
illegal valuation, or incorrect determination stated in a 
previously filed original complaint or objecting to the current 
valuation.
(2) A board of education may file a counter-complaint only 
if the original complaint (a) was filed by the owner of the 
property that is the subject of the complaint, a tenant of that 
property owner, or any person acting on behalf of such owner or 
tenant, and (b) states an amount of overvaluation, 
undervaluation, discriminatory valuation, illegal valuation, or 
incorrect determination of at least seventeen thousand five 
hundred dollars in taxable value. 
The board shall file the counter-complaint within thirty 
days after the original complaint is filed or after the last day 
such complaints may be filed, whichever is later, and any other 
person shall file the counter-complaint within thirty days after 
receiving the notice required under this division.
(3) Upon the filing of a counter-complaint, the board of 
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education, property owner, or tenant shall be made a party to 
the action.
(C) Each board of revision shall notify any complainant 
and counter-complainant, and also the property owner, if the 
property owner's address is known, and the complaint is filed by 
one other than the property owner, not less than ten days prior 
to the hearing, either by certified mail or, if the board has 
record of an internet identifier of record associated with the 
owner, by ordinary mail and by that internet identifier of 
record of the time and place the same will be heard. The board 
of revision shall hear and render its decision on an original 
complaint within one hundred eighty days after the last day such 
a complaint may be filed with the board under division (A)(1) of 
this section or, if a counter-complaint is filed, within one 
hundred eighty days after such filing. If the original complaint 
is filed by the legislative authority of a subdivision, the 
mayor of a municipal corporation with territory in the county, 
or a third party complainant, and if the board of revision has 
not rendered its decision on the complaint within one year after 
the date the complaint was filed, the board may dismiss the 
complaint.
(D) The determination of any such original complaint or 
counter-complaint shall relate back to the date when the lien 
for taxes or recoupment charges for the current year attached or 
the date as of which liability for such year was determined. 
Liability for taxes and recoupment charges for such year and 
each succeeding year until the complaint is finally determined 
and for any penalty and interest for nonpayment thereof within 
the time required by law shall be based upon the determination, 
valuation, or assessment as finally determined. Each complaint 
shall state the amount of overvaluation, undervaluation, 
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discriminatory valuation, illegal valuation, or incorrect 
classification or determination upon which the complaint is 
based. The treasurer shall accept any amount tendered as taxes 
or recoupment charge upon property concerning which a complaint 
is then pending, computed upon the claimed valuation as set 
forth in the complaint. Unless dismissal is required under 
division (C) of this section, if an original complaint or 
counter-complaint filed for the current year is not determined 
by the board within the time prescribed for such determination, 
the complaint and any proceedings in relation thereto shall be 
continued by the board as a valid complaint for any ensuing year 
until that original complaint or counter-complaint is finally 
determined by the board or upon any appeal from a decision of 
the board. In such case, the original complaint and counter-
complaint shall continue in effect without further filing by the 
original taxpayer, the original taxpayer's assignee, or any 
other person or entity authorized to file a complaint under this 
section. 
(E) If a taxpayer files a complaint as to the 
classification, valuation, assessment, or any determination 
affecting the taxpayer's own property and tenders less than the 
full amount of taxes or recoupment charges as finally 
determined, an interest charge shall accrue as follows: 
(1) If the amount finally determined is less than the 
amount billed but more than the amount tendered, the taxpayer 
shall pay interest at the rate per annum prescribed by section 
5703.47 of the Revised Code, computed from the date that the 
taxes were due on the difference between the amount finally 
determined and the amount tendered. This interest charge shall 
be in lieu of any penalty or interest charge under section 
323.121 of the Revised Code unless the taxpayer failed to file a 
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complaint and tender an amount as taxes or recoupment charges 
within the time required by this section, in which case section 
323.121 of the Revised Code applies. 
(2) If the amount of taxes finally determined is equal to 
or greater than the amount billed and more than the amount 
tendered, the taxpayer shall pay interest at the rate prescribed 
by section 5703.47 of the Revised Code from the date the taxes 
were due on the difference between the amount finally determined 
and the amount tendered, such interest to be in lieu of any 
interest charge but in addition to any penalty prescribed by 
section 323.121 of the Revised Code. 
(F) Upon request of a complainant, the tax commissioner 
shall determine the common level of assessment of real property 
in the county for the year stated in the request that is not 
valued under section 5713.31 of the Revised Code, which common 
level of assessment shall be expressed as a percentage of true 
value and the common level of assessment of lands valued under 
such section, which common level of assessment shall also be 
expressed as a percentage of the current agricultural use value 
of such lands. Such determination shall be made on the basis of 
the most recent available sales ratio studies of the 
commissioner and such other factual data as the commissioner 
deems pertinent. 
(G) A complainant shall provide to the board of revision 
all information or evidence within the complainant's knowledge 
or possession that affects the real property that is the subject 
of the complaint. A complainant who fails to provide such 
information or evidence is precluded from introducing it on 
appeal to the board of tax appeals or the court of common pleas, 
except that the board of tax appeals or court may admit and 
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consider the evidence if the complainant shows good cause for 
the complainant's failure to provide the information or evidence 
to the board of revision. 
(H) In case of the pendency of any proceeding in court 
based upon an alleged excessive, discriminatory, or illegal 
valuation or incorrect classification or determination, the 
taxpayer may tender to the treasurer an amount as taxes upon 
property computed upon the claimed valuation as set forth in the 
complaint to the court. The treasurer may accept the tender. If 
the tender is not accepted, no penalty shall be assessed because 
of the nonpayment of the full taxes assessed. 
(I) A legislative authority , or any person acting on 
behalf of a legislative authority, may not enter into a private 
payment agreement with respect to any complaint filed or 
contemplated under this section or section 5715.13 of the 
Revised Code, and any such agreement is void and unenforceable. 
As used in this division, "private payment agreement" means any 
type of agreement in which a property owner, a tenant authorized 
to file a complaint under division (A) of this section, or any 
person acting on behalf of a property owner or such a tenant 
agrees to make one or more payments to a subdivision in exchange 
for the legislative authority of that subdivision , or any person 
acting on behalf of that subdivision, doing any of the 
following:
(1) Refraining from filing a complaint or counter-
complaint under this section;
(2) Dismissing a complaint or counter-complaint filed 
under this section by the legislative authority under this 
sectionor any person acting on behalf of the legislative 
authority;
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(3) Resolving a claim under this section by settlement 
agreement.
A "private payment agreement" does not include any 
agreement to resolve a claim under this section pursuant to 
which an agreed-upon valuation for the property that is the 
subject of the claim is approved by the county auditor and 
reflected on the tax list, provided that agreement does not 
require any payments described in this division.
(J) For the purpose of division (A)(6)(a) of this section, 
the filing threshold for tax year 2022 equals five hundred 
thousand dollars. For tax year 2023 and each tax year 
thereafter, the tax commissioner shall adjust the filing 
threshold used in that division by completing the following 
calculations in September of each year:
(1) Determine the percentage increase in the gross 
domestic product deflator determined by the bureau of economic 
analysis of the United States department of commerce from the 
first day of January of the preceding year to the last day of 
December of the preceding year;
(2) Multiply that percentage increase by the filing 
threshold for the current year;
(3) Add the resulting product to the filing threshold for 
the current year;
(4) Round the resulting sum to the nearest multiple of one 
thousand dollars.
The commissioner shall certify the amount resulting from 
the adjustment to each county auditor not later than the first 
day of October each year. The certified amount applies to 
complaints filed for the tax year in which the amount is 
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certified. The commissioner shall not make the adjustment for 
any tax year in which the amount resulting from the adjustment 
would be less than the filing threshold for the current tax 
year.
(K) If a board of revision dismisses a complaint filed by 
a legislative authority, mayor, or person acting on behalf of 
either on the basis that the complaint does not comply with the 
requirements of divisions (A)(6) to (8) of this section, the 
board shall order the legislative authority, mayor, or person to 
pay any costs and reasonable attorney's fees incurred by the 
property owner in connection with the complaint.
The political subdivision shall remit the costs and 
attorney's fees to the board of revision within sixty days after 
the board dismisses the complaint, and the board shall remit 
those amounts to the property owner. If the political 
subdivision fails to pay the required amount within sixty days 
after the complaint was dismissed, the board shall notify the 
prosecuting attorney of the county in which the property is 
located, and the prosecuting attorney shall proceed to collect 
the amount owed. The prosecuting attorney may recover from the 
political subdivision any costs related to the collection 
action.
(L) Any person who knowingly makes a false statement in an 
affidavit furnished under division (A)(8)(b) of this section is 
guilty of falsification under division (A)(11) of section 
2921.13 of the Revised Code.
Sec. 5717.01. An appeal from a decision of a county board 
of revision may be taken to the board of tax appeals within 
thirty days after notice of the decision of the county board of 
revision is mailed as provided in division (A) of section 
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5715.20 of the Revised Code. Such an appeal may be taken by the 
county auditor, the tax commissioner, or any board, legislative 
authority, public official, or taxpayer authorized by section 
5715.19 of the Revised Code to file complaints against 
valuations or assessments with the auditor, except that a 
subdivision that files an original complaint or counter-
complaint under that section with respect to property the 
subdivision does not own or lease may not appeal the decision of 
the board of revision with respect to that original complaint or 
counter-complaintor the legislative authority or mayor of a 
subdivision may file such an appeal only if the subdivision owns 
or leases the property that is the subject of the board of 
revision's decision, and except that no such appeal may be taken 
by a third party complainant, as defined in that section . Such 
appeal shall be taken by the filing of a notice of appeal, in 
person or by certified mail, express mail, facsimile 
transmission, electronic transmission, or by authorized delivery 
service, with the board of tax appeals and with the county board 
of revision. If notice of appeal is filed by certified mail, 
express mail, or authorized delivery service as provided in 
section 5703.056 of the Revised Code, the date of the United 
States postmark placed on the sender's receipt by the postal 
service or the date of receipt recorded by the authorized 
delivery service shall be treated as the date of filing. If 
notice of appeal is filed by facsimile transmission or 
electronic transmission, the date and time the notice is 
received by the board shall be the date and time reflected on a 
timestamp provided by the board's electronic system, and the 
appeal shall be considered filed with the board on the date 
reflected on that timestamp. Any timestamp provided by another 
computer system or electronic submission device shall not affect 
the time and date the notice is received by the board. Upon 
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498 H. B. No. 232 Page 18
As Introduced
receipt of such notice of appeal such county board of revision 
shall notify all persons thereof who were parties to the 
proceeding before such county board of revision by either 
certified mail or, if the board has record of an internet 
identifier of record associated with such a person, by ordinary 
mail and by that internet identifier of record, and shall file 
proof of such notice or, in the case of ordinary mail, an 
affidavit attesting that the board sent the notice with the 
board of tax appeals. The county board of revision shall 
thereupon certify to the board of tax appeals a transcript of 
the record of the proceedings of the county board of revision 
pertaining to the original complaint, and all evidence offered 
in connection therewith. Such appeal may be heard by the board 
of tax appeals at its offices in Columbus or in the county where 
the property is listed for taxation, or the board of tax appeals 
may cause its examiners to conduct such hearing and to report to 
it their findings for affirmation or rejection. An appeal may 
proceed pursuant to section 5703.021 of the Revised Code on the 
small claims docket if the appeal qualifies under that section.
The board of tax appeals may order the appeal to be heard 
on the record and the evidence certified to it by the county 
board of revision, or it may order the hearing of additional 
evidence, and it may make such investigation concerning the 
appeal as it deems proper.
As used in this section, "internet identifier of record" 
has the same meaning as in section 9.312 of the Revised Code.
Section 2. That existing sections 5715.19 and 5717.01 of 
the Revised Code are hereby repealed.
Section 3. 
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527 H. B. No. 232 Page 19
As Introduced
(A)(1) The amendment by this act of division (A) of 
section 5715.19 of the Revised Code is intended to be a remedial 
measure and applies to original complaints filed on or after the 
effective date of this section.
(2) The amendment by this act of division (B) of section 
5715.19 of the Revised Code is intended to be a remedial measure 
to clarify existing law and applies to tax year 2022 and after.
(3) The amendment or enactment by this act of division (I) 
of section 5715.19 of the Revised Code applies to agreements 
entered into on or after the effective date of this section.
(4) The enactment by this act of divisions (K) and (L) of 
section 5715.19 of the Revised Code applies to original 
complaints filed on or after the effective date of this section. 
(B) The amendment by this act of section 5717.01 of the 
Revised Code is intended to be a remedial measure to clarify 
existing law and applies to any appeal taken from a decision of 
a board of revision rendered on or after July 21, 2022, except 
that the amendment of that section prohibiting an appeal by a 
third party complainant, as defined in section 5715.19 of the 
Revised Code, applies to any appeal taken from a board of 
revision decision rendered on or after the effective date of 
this section.
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