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Appeals path in draft code points from Zoning Administrator decisions to Hearing Officer and then to district court
Summary
Draft language lets persons affected by Zoning Administrator decisions appeal to the Hearing Officer and allows further appeal to district court under Utah Code Ann. §§17-27a-801 and 17-27a-808; the Hearing Officer's review standard is referenced in the draft.
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The draft text repeatedly carves an appeals path through administrative review. Under the proposed wording, anyone adversely affected by a final decision of the Zoning Administrator may appeal that decision to the Hearing Officer (Section 2-4-110). Separately, the draft indicates that a person aggrieved by a hearing officer's determination on civil penalties may appeal that administrative determination to the Hearing Officer (2-4-092(E)). The draft then provides that a final Hearing Officer decision on an administrative appeal may be appealed to district court as provided in Utah Code Ann. §§17-27a-801 and 17-27a-808.
The draft also directs the Hearing Officer to review the record of decision and apply the standard of review set out in Subsection 2-2-190(eE)/2-2-200(190). The language links local administrative review processes with state district-court review, but the excerpt does not include staff notes or a commentary explaining how the county intends to apply these standards operationally.
