Chapter 6.20
ADMINISTRATIVE HEARINGS
Sections:
6.20.010 Notice of appeal.
Any person having received a notice of violation or a civil citation may appeal the notice or citation by filing a written notice of appeal with the City Recorder within 10 days of the date of notice or citation. All notices of appeal shall be accompanied by a copy of the notice of violation or citation and the filing fee established by the City’s fee schedule. [Ord. 23-12 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-4-1.]
6.20.020 Procedure.
Unless another procedure is provided by statute, ordinance, or adopted rules and procedures, any administrative action or proceeding by the City for which a hearing is required shall conform to the following:
(A) Conducting of Hearing. Administrative hearings shall be conducted by one or more Hearing Officers appointed by the Mayor and shall be conducted in accordance with the provisions of Section 10-3-703.7, Utah Code Annotated 1953, and this title. Hearings shall be considered to be a public meeting, and held either during the regular office hours of the City or during times regularly scheduled for the hearing of appeals. Hearings are intended to be informal in nature. Formal rules of evidence and discovery do not apply; however, an informal exchange of discovery may be required, if requested in writing. Failure to request discovery shall not be a basis for continuance. Complainant information is protected and shall not be released unless the complainant is a witness at the hearing. Except as otherwise provided herein, the procedure and format of the hearing shall be determined by the Hearing Office.
(B) Notice of Hearing. Reasonable notice stating time, place, and subject matter shall be given to the parties involved prior to any hearing. No hearing, or the result thereof, shall be invalidated by any defect in giving notice to the parties involved, unless a denial of due process is caused thereby.
(C) Witnesses, Evidence, and Minutes and Findings. All shall be recorded or otherwise documented so that a true and correct transcript may be made of proceedings, if required. At the request of any party, witnesses shall be sworn by the Hearing Officer. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of his or her case. A written declaration signed under penalty of perjury may be accepted in lieu of a personal appearance. Testimony may be given by telephone or other electronic means. The Hearing Officer shall adopt written findings and enter a written order or decision, which shall be filed with the City Recorder.
(D) Evidence of Administrative Action Taken. In any hearing challenging an administrative determination that a City ordinance has been violated, the City shall establish the existence of the violation by providing adequate evidence of administrative actions taken to resolve the violation in question. The standard of proof to be used by a Hearing Officer in deciding the issues at any hearing is whether such finding is supported by a preponderance of the evidence.
(E) Final Decision. A written order or decision of a Hearing Officer shall constitute a final decision. Appeals from the Hearing Officer determination are made by filing an appeal of an administrative action with the 2nd District Court of Utah. District court review is a record review, and the decision of the Justice Court shall be upheld unless it is not supported by substantial evidence or it is capricious or illegal. [Ord. 23-12 § 1 (Exh. A); Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-4-2.]
6.20.030 Exceptions.
The above provisions shall not apply to administrative hearings and decisions of public bodies, including, but not limited to, the Planning Commission and the Board of Zoning Adjustment. The hearings of such bodies shall be conducted in accordance with their duly adopted rules and procedures. [Ord. 10-09 § 1 (Exh. A); Ord. 10-06 § 1 (Exh. A); Code 1971 § 6-4-3.]