Utah Admin. Code R455-11-9 - Request for Review and Appeal Proceedings
(1) All proceedings under R455-11 with regard
to the historic preservation tax credit are informal.
(2) The applicant or any interested person
may seek review of the decision of the Office by filing a request for review
with the Director. The request for review shall set forth in detail that
portion of the decision of the Office for which review is sought, and on what
basis the decision was inconsistent with the facts or "Standards". Copies of
the request for review shall be sent to the applicant and to any other party
who has expressed interest in the proceeding as appropriate. Any such request
for review must be filed with the Director within 30 days of the decision of
the Office.
(3) The applicant or
any interested person may file with the Director a response to the request for
review within fifteen days of notification.
(4) Review of the Office decision shall be
made by the Director and shall be based on review of the project file, the
request for review, and responses, if any. The Director may conduct an
independent investigation and request further information from the Office
staff, applicant, or any other party to the project. In addition, the Director
may, at his/her sole discretion, conduct an informal hearing on the
review.
(5) Within thirty days of
receipt of the request for review, the Director shall issue his/her decision
based on review of the project file and the information received at a hearing
or from other sources, if any. The Director shall set forth in writing his/her
decision concerning the request for review and forward it to the applicant and
other interested parties.
(6)
Judicial review of the decision of the Director may be obtained by filing a
complaint in the Third Judicial District Court in Salt Lake County seeking
review by a trial de novo. The issue in the district court is whether the
decision of the Director constituted an abuse of his/her discretion. The person
or entity seeking judicial review shall have the burden of proof that the
decision of the Director constituted an abuse of his/her discretion.
Notes
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