Q Can a company that received a five (5) year exemption and failed to request the other concurrent five (5) years, now request the other four (4) years left under a new application not exceeding the full ten (10) years?

A Section 27-31-101(2) states that, if an enterprise is granted an exemption for less than ten (10) years, an application for a subsequent period of exemption must be approved by order of the board before the expiration of the exemption period which the governing authorities previously granted. We find no authority for the board of supervisors to exercise discretion in considering an application for extension that does not meet the statutory requirements, i.e., application not submitted prior to the expiration of the initial exemption period. (Attorney Generalís Opinion to Palmer, November 22, 2019)