A. The appellant has the burden of showing the evidence and proving that the Recorder's decision did not comply with rules made by the County Recorder Standards Board under Utah Code Section 63C-30-202.
B. The Appeal Authority shall be the County Commission.
C. When a notice of appeal is filed, the Appeal Authority shall meet at the call of the Commission Chair and any other time the County Commission deems necessary and appropriate. The Appeal Authority shall maintain minutes and records of its proceedings in accordance with the requirements of state and local law. Nothing shall prohibit the Appeal Authority from meeting in conjunction with a regularly scheduled meeting of the County Commission or in conjunction with other meetings that involve the same individuals, such as a meeting of the Board of Equalization;
D. The Appeal Authority may require written briefs or memorandum of the parties as the Appeal Authority deems necessary. At the hearing, the appellant must appear in person or by agent; and
E. Using substantial evidence as the standard of review, the Appeal Authority determines the correctness of a decision of the Recorder in its interpretation and application of rules made by the County Recorder Standards Board under Utah Code Section 63C-30-202. Only those decisions in which the Recorder has applied rules made by the County Recorder Standards Board under Utah Code Section 63C-30-202 may be appealed; and
F. The Appeal Authority must issue a decision in writing within fifteen (15) business days of the final hearing, which constitutes a final decision under Utah Code Annotated Section 17-50-340 as amended; and
G. Any person adversely affected by a final decision of the Appeal Authority may petition the Eighth District Court for review of the decision as permitted by law; and
H. The Appeal Authority may order its decision stayed pending District Court review if the Appeal Authority finds it to be in the best interest of the County. (Ord. 23-401, 7-10-2023)