11-13-306 - Procedure in case of inability to formulate contract for impact alleviation.
11-13-306. Procedure in case of inability to formulate contract for impactalleviation.
(1) If the project entity or other public agency and a candidate are unable to agree uponthe terms of an impact alleviation contract or to agree that the candidate has or will experienceany direct impacts, the project entity or other public agency and the candidate shall each have theright to submit the question of whether or not these direct impacts have been or will beexperienced, and any other questions regarding the terms of the impact alleviation contract to theboard for its determination.
(2) Within 40 days after receiving a notice of a request for determination, the board shallhold a public hearing on the questions at issue, at which hearing the parties shall have anopportunity to present evidence. Within 20 days after the conclusion of the hearing, the boardshall enter an order embodying its determination and directing the parties to act in accordancewith it. The order shall contain findings of facts and conclusions of law setting forth the reasonsfor the board's determination. To the extent that the order pertains to the terms of an impactalleviation contract, the terms of the order shall satisfy the criteria for contract terms set forth inSection 11-13-305.
(3) At any time 20 or more days before the hearing begins, either party may serve uponthe adverse party an offer to agree to specific terms or payments. If within 10 days after theservice of the offer the adverse party serves written notice that the offer is accepted, either partymay then file the offer and notice of acceptance, together with proof of service thereof, and theboard shall enter a corresponding order. An offer not accepted shall be deemed withdrawn andevidence concerning it is not admissible except in a proceeding to determine costs. If the orderfinally obtained by the offeree is not more favorable than the offer, the offeree shall pay the costsincurred after the making of the offer, including a reasonable attorney's fee. The fact that an offeris made but not accepted does not preclude a subsequent offer.
Renumbered and Amended by Chapter 286, 2002 General Session