A. Parties Entitled To Appeal To The Administrative Hearing Officer: Any person or entity adversely affected by an administrative decision made by the city of St. George is entitled to appeal that decision to the administrative hearing officer if it is a final decision made in writing, unless other appeal procedures are specifically provided for in another section of the city code that apply to the issue being appealed.
B. Time To File Appeal And How: The party appealing a final written administrative decision of the city shall file the appeal in writing with the city recorder within ten (10) calendar days of the date the disputed administrative decision was put in writing. The written appeal must include the following or it will not be heard:
1. Payment of applicable fees, if any;
2. The name, street and mailing address, email, and phone number of the person appealing;
3. A written statement that sets forth with specificity the grounds for appeal and all errors asserted;
4. Every theory of relief they intend to raise in this appeal and a future appeal of the decision or order of the city; and
5. All attachments, exhibits, a list of witnesses, a statement summarizing the witnesses’ testimony, and a copy of other evidence that the applicant will present. Information not included with the appeal shall not be received or considered by the administrative hearing officer.
C. Notice Of Hearing: After receiving an appeal, a hearing shall be scheduled. The city recorder shall publish a notice on the city’s website and the state public notice website. A notice of the hearing stating time, place and subject matter shall be given to the parties involved prior to any hearing. Notice may be served personally, by mail to the address on the appeal, or by electronic mail to the address provided on the appeal. No hearing, or the result thereof, shall be invalidated by any defect in giving notice to the parties at the addresses provided on the appeal. If the administrative hearing officer desires, they may require the parties to submit a pre-hearing outline.
D. Response: Prior to the hearing, the city may submit to the administrative hearing officer, and the other party, a response to the appeal and all documents and a copy of all evidence and information to be considered in the appeal.
1. Appeal hearings are intended to be informal in nature. Formal rules of evidence and civil procedure, including discovery, do not apply. The Utah rules of civil procedure and evidence shall be used as guidelines for the conduct of this hearing but shall not be binding. The administrative hearing officer may consider any relevant, nonprivileged oral or documentary evidence presented.
2. All hearings are open to the public. The city recorder shall retain all documents considered. The proceedings of each appeal hearing shall be recorded on audio equipment. The audio recording of each appeal hearing shall be kept for a minimum of sixty (60) days. Upon the written request of any interested person, such audio recording shall be kept for a reasonable period of time beyond the sixty (60) day period, as determined by the administrative hearing officer. Copies of the tapes of such hearings may be provided, if requested, at the expense of the requesting party.
3. At the hearing, the parties shall appear in person and may be represented by an attorney, call witnesses and present evidence. If the person appealing fails to appear at the hearing, without good cause, the failure to appear shall be deemed a withdrawal of the appeal and a waiver of any appeal rights.
4. The parties may have witnesses testify and submit documents and other evidence in support of the case. Without a showing of good cause, evidence from the appealing party not included with the appeal application may not be received or considered by the administrative hearing officer. Each party shall have the opportunity to confront and cross examine the witnesses.
5. The city may use any evidence submitted by the person appealing and any evidence considered or reviewed in making the decision or order that is the subject of the appeal, including but not limited to the testimony of individuals involved in the decision. Hearsay evidence is admissible, but the administrative hearing officer may not rely exclusively on hearsay evidence. The administrative hearing officer may ask questions of the witnesses.
6. The appealing party has the burden of proving that the administrative decision was made in error unless otherwise stated in another section of the city code for a specific type of appeal being made. The burden to prove any affirmative defense shall be upon the person raising such defense.
F. Standard Of Review: The standard of review for an appeal shall be de novo unless otherwise stated in another section of the city code for a specific type of appeal being made.
G. Administrative Hearing Officer’s Decision:
1. After hearing the evidence presented, the administrative hearing officer shall make written findings of fact and conclusions of law on the matter appealed and shall file the decision with the city recorder, whether it reverses or affirms, in whole or in part, the decision being appealed. The city recorder shall notify the parties of the administrative hearing officer’s decision by mail.
2. If the administrative hearing officer affirms the administrative decision made by the city, the original order shall remain in effect. If the administrative hearing officer reverses the decision made by the city in whole or in part, the order will be adjusted accordingly. (Ord. 2019-08-010, 8-8-2019)