§ 2-29-91. Appeals.

(a)

This section is intended to provide for appeals from the decisions from any written order, requirement, decision, determination or interpretation made by an administrative official in the enforcement of this division. Such appeal hearing shall include but not be limited to the review of the:

(1)

Application of the educational facility impact fee pursuant to subsection 2-29-85(a);

(2)

Denial of an independent fee calculation pursuant to subsection 2-29-85(b);

(3)

Denial of a credit or refund pursuant to sections 2-29-89 and 2-29-90.

(b)

The applicant shall request such appeal hearing within thirty (30) days of the following, whichever is applicable:

(1)

Determination of the impact fee;

(2)

Denial of an independent fee calculation, credit or refund; or

(3)

Notification of a change in circumstances that requires payment of the educational facilities impact.

(4)

The specific act or omission that is the subject of the appeal.

(c)

Failure to request an appeal hearing within the time provided shall be deemed a waiver of such appeal.

(d)

The request for an appeal hearing shall be filed with the superintendent. The application for an appeal shall contain the following:

(1)

The name and address of the applicant;

(2)

The legal description of the property affected;

(3)

If paid, the date the educational facilities impact fee was paid with a copy of the original receipt or canceled check;

(4)

A statement of the reasons why the hearing is requested and supported by documentation and exhibits; and

(5)

A filing fee as established by the superintendent and amended from time to time.

(e)

Upon receipt of such request, the superintendent shall review the request and, if the superintendent does not concur with the applicant, schedule an appeal hearing before the school board or a hearing officer, if so delegated by the school board, at a regularly scheduled meeting or a special meeting called for the purpose of conducting such hearing and shall provide the applicant written notice of the time and place of the hearing. The superintendent shall also notify the chief administrative officer of the collecting government of any such appeal hearing, and such chief administrative officer, or his designee, shall have the right to appear in any such hearing. The appeal hearing shall be held within forty-five (45) days of the date that the request for such hearing was properly filed.

(f)

Such hearing shall be conducted in a manner designed to obtain all information and evidence relevant to the requested hearing. Formal rules of civil procedure and evidence shall not be applicable; however, the appeal hearing shall be conducted in a fair and impartial manner with each interested party having an opportunity to be heard and to present information and evidence. The school board or the hearing officer, if applicable, shall make the final determination and may make known its determination at the end of the hearing. A final written determination shall be in writing and issued within thirty (30) days of the hearing.

(Ord. No. 16-03, § 3(Exh. A), 1-7-16, eff. 4-18-16)