Article 16 — Appeals and Direct Review.

This article establishes procedures for the appeal and review and direct review of certain decisions of the director.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

Decisions of the director on discretionary permit applications may be appealed to and/or directly reviewed by the board of supervisors. All other decisions of the director under this chapter shall be final, subject only to judicial review.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Eligibility. An appeal in compliance with this article may be filed by any interested person.

B.

Timing and form of appeal. An appeal shall be submitted in writing and filed with the department on a county appeal form within ten (10) calendar days following the decision that is the subject of the appeal. The appeal shall specifically state the pertinent facts and the basis for the appeal, and shall be accompanied by the required filing fee.

C.

Effect of filing appeal. The filing of an appeal in compliance with this article shall stay the effective date of the decision that is the subject of the appeal until the board of supervisors has acted upon the appeal.

D.

Report and scheduling of hearing. When an appeal has been filed, the director shall prepare a report on the matter, and schedule the matter for a public hearing by the board of supervisors. The hearing shall be de novo. Notice of the hearing shall be provided, and the hearing shall be conducted, in compliance with Article 18. Any interested person may appear and be heard at the hearing.

E.

Decision. At the hearing on the appeal, the board of supervisors may consider any issue involving the matter that is the subject of the appeal, in addition to the specific grounds for the appeal. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision that is the subject of the appeal.

F.

Effective date of appeal decision. A decision by the board of supervisors on an appeal is final and shall be effective on the date of the decision.

G.

Withdrawal of appeal. After filing, an appeal may not be withdrawn except with the consent of the board of supervisors.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

A.

Request for direct review. Any member of the board of supervisors may request the board of supervisors, upon its own initiative, to review the decision of the director on a discretionary permit application.

B.

Timing and form of request for direct review. A request for direct review shall be made orally at a board of supervisors meeting, or filed in writing or by e-mail with the clerk of the board of supervisors, before the expiration of the appeal period for the decision that is the subject of the request. A request for direct review need not state the reasons for the request. A request for direct review shall not be deemed to be an allegation of any flaw in or a pre-judgment of the decision of the director.

C.

Effect of request for direct review. A request for direct review shall stay the effective date of the decision that is the subject of the request until the board of supervisors takes action in compliance with Subsection D, below, and, if applicable, until the board of supervisors takes action in compliance with Subsection F, below. The stay shall not extend the time for filing an appeal of the decision that is the subject of the request.

D.

Consideration of request for direct review. A request for direct review shall be considered by the board of supervisors at a public meeting.

If the board of supervisors approves the request for direct review, the board of supervisors shall assume jurisdiction over the matter and take action in compliance with Subsection F.

If the board of supervisors denies the request for direct review, the decision of the director shall stand, unless an appeal of the decision was timely filed in compliance with this article.

E.

Report and scheduling of hearing. When a request for direct review has been approved, the director shall prepare a report on the matter, and schedule the matter for a public hearing by the board of supervisors. The hearing shall be de novo. Notice of the hearing shall be provided, and the hearing conducted, in compliance with Article 18. Any interested person may appear and be heard at the hearing.

F.

Decision. At the hearing on the direct review, the board of supervisors may consider any issue involving the matter that is the subject of the direct review. After the hearing, the board of supervisors may affirm, affirm in part, modify, or reverse the decision of the permit authority that is the subject of the direct review.

G.

Effective date of direct review decision. A decision by the board of supervisors on a direct review is final and shall be effective on the date of the decision.

H.

Participation by initiator of request for direct review. Any member of the board of supervisors who initiates a request for direct review may fully participate in determining whether to approve the request and, if the request is approved, in hearing and deciding upon the matter, including the right to vote, unless actual bias or prejudice is otherwise shown.

I.

Withdrawal of request for direct review. After filing, a request for direct review may not be withdrawn except with the consent of the board of supervisors.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)

When the decision of the director on a discretionary permit application is both appealed and jurisdiction is taken by the board of supervisors through direct review, both the appeal and the direct review shall be heard and considered concurrently.

(Ord. No. 6338, § II(Exh. B), 3-16-2021)