A. There shall be an office of county recorder, headed by an elected county recorder. The office of county recorder shall have all the functions, responsibilities and powers provided under Utah Code section 17-21-1 et seq. (as amended) and by other applicable law.
B. Appeal Of A Recorder Decision:
1. County Recorder decisions may be appealed:
a. By a person with standing that is adversely affected as a result of the Recorder’s decision by alleging that the Recorder’s decision did not comply with rules made by the County Recorder Standards Board under Utah Code section 63C-30-202 (as amended); and
b. Only if it is the final decision issued by the Recorder, as appeals of decisions made by supporting staff must be reviewed by the Recorder.
2. A Notice Of Appeal Must:
a. Commence within 10 business days of the adverse order, requirement, decision, or determination by filing a written notice of appeal with the Washington County Recorder’s Office; and
b. Identify the decision being appealed, the allegation of non-compliance, and the party making the appeal.
3. The appellant has the burden of evidencing that the Recorder’s decision did not comply with rules made by the County Recorder Standards Board under Utah Code section 63C-30-202 (as amended).
4. The Appeal Authority shall be a Hearing Officer as used for appeals of Land Use Authority Decisions under Washington County Code 10-2-5 (as amended). The Hearing Officer for an appeal under this Chapter shall have sufficient qualifications or experience to hear such an appeal.
a. When a notice of appeal is filed, the Appeal Authority will hear the appeal at the next regularly scheduled meeting for a hearing, unless such time is extended for good cause or stipulation of the parties; and
b. 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.
5. Substantial evidence is permissible as the evidentiary standard of review, the Appeal Authority determines the correctness of a decision of the Recorder in its interpretation and application 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.
6. Hearing Procedures shall follow those established in Washington County Code 10-2-6 (as amended).
7. The Appeal Authority must issue a decision in writing within 30 days of the final hearing, which constitutes a final decision under Utah Code section 17-50-340 (as amended).
8. Any person adversely affected by a final decision of the Appeal Authority may petition the Fifth District Court for judicial review of the decision as permitted by law. (Ord. 2023-1235-O, 6-30-2023)