The county may appoint one or more hearing officers to act as appeal authorities. Only one hearing officer shall consider and decide each administrative appeal. This replaces the previous appeal provisions and appeal boards in Titles 9 and 10. Hearing officers shall be appointed by the county commission, and shall serve for an indefinite time at the pleasure of the county, and may be released with or without cause. A hearing officer shall not be a member of the county commission, planning commission, county staff, or any other elected or appointed official of the county. For each type of appeal, the hearing officer shall be selected based on objective qualifications to hear and render an efficient and legally supported appeal decision. Hearing officers shall be selected because they have analytical abilities, and the ability to make decisions based on the law as it relates to the facts. Each hearing officer shall have the expertise to read briefs, conduct research, make evidentiary rulings, and write decisions. Each hearing officer shall be qualified based on education, training, experience and Utah licensing in the relevant profession: attorneys with land use experience, urban planning or public administration professionals with at least a bachelor’s degree, and building official professionals with relevant certification. Each hearing officer shall have the expertise to conduct administrative hearings with due process protections, create a record of the hearing, and render a written decision in a timely fashion. Each hearing officer shall be an independent contractor, and be compensated as set forth in a professional service agreement with the county. The hearing officer shall not participate in any appeal where there is a conflict of interest.
(Ord. 2022-1205-O, 3-15-2022)