A. All hearings shall be conducted in a quasi-judicial manner and be recorded at the expense of the City. The hearing officer shall conduct and regulate the course of the hearing, administer oaths, and obtain full disclosure of relevant facts so as to afford all the parties reasonable opportunity to present their positions. Any interested party may offer evidence in the form of live testimony or by providing documentary or other forms of evidence. The Utah Rules of Evidence shall not apply; however, the hearing officer has discretion to exclude from consideration any evidence which is deemed to be immaterial, irrelevant, or unreliable. The hearing officer may not exclude evidence solely because it is hearsay.
Additionally, the hearing officer has discretion to weigh the credibility and demeanor of witnesses who provide sworn testimony where the appeal centers on disputed issues of fact.
B. Hearings shall be scheduled with reasonable promptness and timely notice, depending on the scope of the issues subject to review. The hearing officer may issue subpoenas or other orders to compel production of necessary evidence.
C. Any interested party may appear individually or be represented by an attorney to testify, present evidence, and comment on the issues.
D. The appealing party has the burden of proof to show that the decision or order of the City was unlawful, arbitrary, or capricious.
E. All hearings shall be open to all parties.
F. Within a reasonable time after the close of the quasi-judicial hearing, the decision of the appeal authority shall be signed and in writing, and shall contain findings of fact and conclusions of law; notice of any right of administrative or judicial review available to the parties; and the time limits for filing an appeal or requesting a review. The appeal authority may affirm the decision, in whole or in part; reverse the decision, in whole or in part; or modify the decision as is warranted by the law and the evidence.
Editor’s note: See editor’s notes at Section 17.72.100.