(A) Intake. Upon receiving a notice of appeal, the Chief Administrative Officer shall inspect it for compliance with the foregoing requirements of § 12.005. If the notice of appeal is compliant, it shall be transferred immediately to the Appeal Authority and the County Attorney’s Office. If the notice of appeal is not compliant, the Chief Administrative Officer shall inform the appellant of the deficiencies. If the deficiencies are timely cured, the notice of appeal shall be considered to have been filed when the initial notice was filed.
(B) Notice to parties. Upon receiving the notice of appeal from the Chief Administrative Officer, the Appeal Authority shall immediately determine whether it is brought by the applicant. If not, the Appeal Authority shall immediately inform the applicant of the appeal, invite the applicant to participate as a party to the appeal, and the Appeal Authority and all other parties shall treat the applicant as a party to the appeal.
(C) Record. Immediately upon receiving the notice of appeal, the County Attorney shall assemble and serve on the Appeal Authority and the other parties the record of the land use decision on appeal. The record shall include relevant minutes, complete applications at issue, relevant communications with the applicant, relevant communications with the appellant where applicable, and any written record of the decision. The county shall Bates-stamp these documents, which shall become the record on appeal. Absent extraordinary circumstances, the County Attorney shall serve the record on the parties before the scheduling conference is held.
(D) (1) Scheduling conference. Upon receiving the notice of appeal, the Appeal Authority shall in timely fashion hold a scheduling conference to include:
(a) Deciding whether the grounds for the land use decision appear in the record provided by the County Attorney;
(b) Scheduling the hearing;
(c) Setting a submission date for briefing; and
(d) Confirming the theories of relief to be addressed on appeal.
(2) (Excluding jurisdictional issues, theories of relief and issues not confirmed at the scheduling conference, including regarding the completeness and adequacy of the record, will not be considered by the Appeal Authority. The appellant must raise every theory of relief it can raise in district court.)
(3) Unless extraordinary circumstances prohibit it, the scheduling conference shall be held within 14 days after the Appeal Authority receives the notice of appeal. The scheduling conference need not be held in person but shall include all parties.
(E) Briefing.
(1) Prior to the hearing, the parties (the appellant, the county, and, if applicable, the applicant) shall file simultaneous briefs on the theories of relief and issues confirmed at the scheduling conference. The briefs shall not exceed 15 double-spaced pages, excluding the caption, signature block, certificate of service, and exhibits. The briefs shall follow the formatting required by Utah Rule of Civil Procedure 10(d) and be filed and served on the Appeal Authority and all parties via email. Except as provided in division (H) below, no affidavits or declarations or other evidentiary documents beyond those contained in the record may be attached to the briefing.
(2) All theories of relief and issues, including jurisdiction, the completeness of the record, or a party’s standing, shall be reserved for the briefing and hearing, not presented through separate filings.
(3) No other briefing shall be filed or considered unless the Appeal Authority orders supplemental briefing as described below. The date set for the filing and service of briefs shall not be less than seven days before scheduled hearing.
(F) Hearing.
(1) At the hearing, the parties shall present argument to the Appeal Authority.
(2) Except as provided in division (H) below, the hearing need not be held in person.
(G) Supplemental briefing. If at the end of the hearing the Appeal Authority determines that supplemental briefing is necessary in order to render an informed decision, the Appeal Authority may order supplemental briefing to be filed on a specifically identified and narrow question. The Appeal Authority shall set a date for the supplemental briefing to be filed, the briefing length, and whatever else it deems appropriate. Unless extraordinary circumstances require otherwise, the supplemental briefing shall be filed within 14 days of the hearing. Supplemental briefing should be rare and permitted only in extraordinary circumstances.
(H) Inadequate record. If at the scheduling conference the Appeal Authority determines that the grounds for the land use decision do not appear in the record provided by the County Attorney, then the foregoing process is altered in the following ways:
(1) Each party may attach to its brief affidavits or declarations and all documentary evidence related to the land use decision beyond the record provided by the County Attorney that the party wishes the Appeal Authority to consider. Absent good cause, documents not attached to a party’s brief will not be considered. The Appeal Authority generally will follow the Utah Rules of Evidence when considering the submitted affidavits or declarations and documentary evidence.
(2) The parties may examine and cross-examine witnesses during the hearing. Such testimony shall be guided generally by the Utah Rules of Evidence.
(3) The hearing shall be held in person at the county’s administrative offices.
(4) If at the end of the hearing the Appeal Authority determines that supplemental evidence is necessary in order to render an informed decision, the Appeal Authority may order specific supplemental evidence to be filed following the procedure and direction of division (G).
(Ord. 2024-02, passed 1-16-2024)