(A) Appeal of County Recorder’s decision. Decisions of the County Recorder may be appealed:
(1) By a person that is directly adversely affected as a result of the County Recorder’s decision by alleging that the County Recorder’s decision did not comply with rules made by the County Recorder State Standards Board under U.C.A. Title 63C, Chapter 30; and
(2) Only if it is the final decision issued by the County Recorder, as appeals of decisions made by supporting staff must be reviewed by the Recorder.
(B) Notice of appeal.
(1) An appeal must be commenced within ten business days of the adverse order, requirement, decision or determination by filing a written notice of appeal with the County Clerk/Auditor’s Office;
(2) Identify, with specificity, the decision being appealed; and
(3) Include the names of the appealing parties and the address, phone number and email address of each appealing party.
(C) Burden of proof.
(1) 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 State Standards Board under U.C.A. Title 63C, Chapter 30.
(2) The County Recorder’s decision shall be upheld if supported by substantial evidence. The hearing officer determines the correctness of a decision of the Recorder in his or her interpretation and application rules made by the County Recorder State Standards Board under U.C.A. Title 63C, Chapter 30. Only those decisions in which the County Recorder has applied rules made by the County Recorder State Standards Board under U.C.A. Title 63C, Chapter 30 may be appealed.
(D) Hearing officer appointment and authority.
(1) The appeal authority shall be the Sevier County Commission or a hearing officer appointed by the County Commission.
(2) When a notice of appeal is filed, the County Clerk/Auditor shall, within ten business days, send the notice to the hearing officer. The hearing officer will hold a scheduling conference with the appellant and the County Recorder.
(3) The hearing officer may require written briefs or memorandum of the parties as the hearing officer deems necessary. At the hearing, the appellant must appear in person or by agent.
(E) Appeal process.
(1) The hearing officer must issue a decision in writing within 15 business days of the final hearing, which constitutes a final decision under U.C.A. § 17-50-340, as amended.
(2) Any person adversely affected by a final decision of the hearing officer may petition the Sixth District Court for review of the decision as permitted by law.
(3) The hearing officer may order his or her decision stayed pending District Court review if the hearing officer finds it to be in the best interest of the county.
(Ord. 2023-11-1, passed 11-13-2023)