Utah Admin. Code R990-300-9 - Appeal Board Review
(1) The division
will provide administrative support to the appeal board and will provide each
board member a copy of the record on appeal, including the appealing entity's
moderate income housing report, moderate income housing element of the general
plan, notice of noncompliance, and any supporting materials or written
arguments received from the appealing entity.
(2) Appeal board review is an informal
proceeding for purposes of Title 63G, Chapter 4, Administrative Procedures Act.
(a) A review may:
(i) include a division staff member to
present the conclusions of the division's review;
(ii) provide an opportunity for the reporting
entity to present its reasons and evidence for the review request;
and
(iii) include witnesses or
legal representatives.
(b)
(i) The
appeal board may request additional information and evidence.
(ii) A reporting entity's failure to respond
to a request by the appeal board for additional information or evidence without
good cause may result in dismissal of the appeal.
(iii) Good cause for failing to respond to a
request for additional information or evidence is limited to circumstances that
are:
(A) beyond the party's control;
or
(B) compelling and
reasonable.
(3) If the appeal board determines an appeal
is not timely filed, the board will not have jurisdiction to consider the
merits of the appeal and will dismiss the appeal.
(4) The appeal board may summarily dismiss an
appeal if the board determines the appeal does not state adequate grounds for
the appeal or fails to identify alleged errors in the notice of
noncompliance.
(5) The appeal board
will issue a written decision within 90 calendar days of the day on which the
appeal is filed. The division will deliver a copy of the appeal board's
decision, including an explanation of the right to judicial review, to
interested parties.
Notes
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