Section 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.Utah Admin. Code R990-300-9
Adopted by Utah State Bulletin Number 2023-17, effective 8/24/2023Amended by Utah State Bulletin Number 2024-15, effective 8/1/2024