(1) For those properties that experienced productivity only changes for tax year 2009, the department will correct the VBR as follows:

(a) If the taxpayer timely filed an AB-26, County Tax Appeal Board (CTAB) appeal, State Tax Appeal Board (STAB) appeal, or District Court action relating to the 2009 assessment the department will:

(i) replace the calculated VBR with the prior year VBR of the prior grade;

(ii) issue a revised assessment notice for 2009 showing the correct VBR; and

(iii) provide the county the information necessary to allow the county to issue a new tax bill.

(b) If the taxpayer did not timely file an AB-26, CTAB appeal, STAB appeal, or District Court action relating to the 2009 assessment the department will correct the VBR calculation beginning in tax year 2010.

(c) The department will correct the VBR and adjust the taxable values each year for the subsequent five years of this reappraisal cycle by one-fifth of the difference in taxable value.

(i) The difference in taxable value is the amount that the department either under or over assessed in 2009.

(ii) The adjusted taxable value will be used by the counties to apply mill levies to determine taxes owed.