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Get It in Writing! Bill Requiring Board of Equalization to Publish Written Decisions Passes California Assembly

On May 30, 2012, California Assembly Bill (AB) 2323 (Perea) passed the Assembly floor by a vote of 47-19. AB 2323 would require the State Board of Equalization (BOE) to issue written decisions in cases involving amoun

June 22, 2012

On May 30, 2012, California Assembly Bill (AB) 2323 (Perea) passed the Assembly floor by a vote of 47-19. AB 2323 would require the State Board of Equalization (BOE) to issue written decisions in cases involving amounts in controversy of $500,000 or more, excluding consent items. If enacted, the BOE could decide the type of ruling it publishes—a formal decision, memorandum decision, or summary decision; however, only formal or memorandum decisions would be citable as precedent. Regardless of the type of decision issued, each decision would be required to contain: (1) findings of fact; (2) legal issue presented; (3) applicable law; (4) analysis; (5) disposition; and (6) names of adopting board members. Moreover, the bill authorizes any board member to submit a dissenting or concurring opinion.

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Elizabeth S. Cha, Associate
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