10-3-703.7 - Administrative proceedings -- Procedures -- Appeals.
10-3-703.7. Administrative proceedings -- Procedures -- Appeals.
(1) As used in this section, "administrative proceeding" means an adjudicative hearingfor a violation of a civil municipal ordinance.
(2) An administrative proceeding:
(a) shall be a public meeting with business transacted during regularly scheduled hours;
(b) shall be conducted by an administrative law judge;
(c) shall provide due process for the parties;
(d) shall be recorded or otherwise documented so that a true and correct transcript maybe made of its proceedings; and
(e) may not be held for a civil violation that occurs in conjunction with another criminalviolation as part of a single criminal episode that will be prosecuted in a criminal proceeding.
(3) An administrative law judge:
(a) shall be appointed by the municipality to conduct administrative proceedings;
(b) may be an employee of the municipality; and
(c) shall make a final administrative determination for each administrative proceeding.
(4) (a) A final administrative determination under this section may be an order for themunicipality to abate the violation.
(b) If a final administrative determination under this section is for a violation, the finaladministrative determination may be appealed by a party in accordance with Subsection (5).
(5) (a) (i) Any person adversely affected by an administrative proceeding may petition adistrict court for review of the administrative determination.
(ii) In the petition, the petitioner may only allege that the administrative proceeding'sdecision was arbitrary, capricious, or illegal.
(iii) The petition is barred unless it is filed within 30 days after the administrativedetermination is final.
(b) (i) The administrative proceeding shall transmit to the reviewing district court therecord of its proceedings, including its findings, orders, and a true and correct transcript of itsproceedings.
(ii) The district court may not accept or consider any evidence that is not included in theadministrative proceeding's record unless the evidence was offered to the administrativeproceeding and the district court determines that the evidence was improperly excluded by theadministrative proceeding.
Amended by Chapter 156, 2003 General Session