(a) If after notification under § 8-105(b) of this article, a taxpayer fails to submit the income and expense information for the income producing real property, the taxpayer may not challenge the value of the real property on the basis of the capitalization of income method beyond the supervisor level of appeal, unless the taxpayer provides the appropriate income and expense information at the supervisor level of appeal.

(b) When the Department notifies a taxpayer of the supervisor's level of appeal, the Department shall state that if the taxpayer fails to provide the income and expense information at the supervisor's level, the taxpayer may not challenge the assessment on the basis of the capitalization of income method at later available appeal levels.