The URL can be used to link to this page

Home My WebLink AboutCouncil Provided Information - 8/19/2025CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY www.slc.gov/council/ TO:City Council Members FROM: Michael Sanders Budget & Policy Analyst DATE:August 19, 2025 RE:ORDINANCE AMENDING ADMINISTRATIVE HEARING PROCESS ISSUE AT-A-GLANCE The Administration is proposing to consolidate the appeals process related to license denial, revocation or suspension as well as civil infraction appeals. This will replace the current Small Claims Court process and centralizes the various appeals processes for civil violations into a single, streamlined process outside of the Justice Court. If an individual wishes to contest an administrative citation, they may request with an initial written review by a Hearing Officer. If they wish to contest that, they may request a formal appeal before an Administrative Appeals Officer. A matrix showing the differences between Hearing Officers and Administrative Appeals Officers is included in Attachment 1. The proposal is intended to standardize how appeals are filed, reviewed, and adjudicated. This change affects appeals related to licenses and civil citations for: Airport ground transportation services Animal Services enforcement Business and occupational licenses (e.g., auctioneers, taxicabs, pedicabs, vending carts) Engineering stop orders False alarm penalties (burglary, robbery, and fire alarms) Landlord/Tenant Initiative disqualifications Sexually Oriented Business operations Solicitation, peddling, and promotional sales Theaters, concerts, and events Unauthorized street use and snow/ice removal violations Waste and recycling collection compliance By taking the process out of the Justice Court and having appeals be reviewed by an Administrative Appeals* Officer, the proposed ordinance is anticipated to reduce legal and administrative costs for both the City and appellants, while also easing the burden on the judicial system. Goal of the briefing: Prepare to consider the ordinance at the August 19, 2025, Formal Meeting. A public hearing will be held on August 19, 2025. Page | 2 POLICY QUESTIONS The Council may wish to ask the Administration how impacted stakeholders will be notified of this change appeal procedures. The Council may wish to ask the Administration when they could expect to consider Administrative Appeals Officer appointments. Under the current process, a constituent may appeal an administrative citation and receive an informal initial hearing from a Hearing Officer. These hearings vary in their format from in person, online, or mail. If a constituent wishes to appeal further, a Hearing Officer must coordinate with the Justice Court to obtain a case number and secure a court date. An affidavit is then prepared, and the constituent is formally served by signing an Entry of Appearance and Certificate of Service. The timeline for completing this step can vary depending on the court’s responsiveness. Court dates are often scheduled several months in advance. Prior to the hearing, all case evidence must be compiled and submitted to the court. Hearings occur in the evening, resulting in overtime costs for City personnel. Attendance is required by at least two City staff members, including legal representation from the City Attorney’s Office. Under the proposed process, City staff may issue an administrative citation for applicable violations of the Salt Lake City Code where the right to an administrative enforcement hearing is specifically provided by ordinance. Citations may be delivered in person, by mail, or posted on the property; if mailed, the deadline for response is extended by seven calendar days. Recipients of a citation have ten calendar days to either comply and pay the civil penalty or submit a written request for an initial determination using a form provided by the Department of Finance. This request must include the citation number, contact information, all grounds for contesting the citation, and any supporting evidence. A Hearing Officer, which is an employee of the responsible department, will review the written submission and any evidence provided by the issuing officer. Within five business days, the Hearing Officer will issue a written decision to either: Dismiss the citation; Uphold the citation and reduce the penalty; or Uphold the citation in full. If the party disagrees with the result of the initial determination, they may request a formal Administrative Enforcement Hearing before an appointed Administrative Appeals Officer. This request must be filed within 10 calendar days of the initial determination and include an $81 hearing fee, which is refunded if the appellant prevails. The Appeals Officer is appointed by the Mayor with Council advice and consent and must be either law- trained or have significant experience in administrative hearings. They serve renewable three-year terms and may be removed only for cause. Dismiss the citation (in full or in part); Impose or reduce civil penalties; Page | 3 Require corrective actions by specific deadlines; Grant the City authority to enter property for abatement; Recover costs, attorney’s fees, and penalties; Revoke or suspend licenses or permits; or Schedule future compliance hearings This order is final upon issuance and may be appealed to Third District Court within 30 days. The court will review the administrative record only and will uphold the City’s decision unless it is found to be illegal or arbitrary and capricious. Administrative Hearing Officers are not City Employees Some Appeals Processes will not follow 2.75 Workload Page | 4 Repeal of Alcohol Establishment Enforcement Provisions Since the repeal of Title 6 (Alcoholic Beverages) in 2012, the City has largely deferred to the Utah Department of Alcoholic Beverage Services for enforcement actions involving alcohol licensees. Sections 5.51.040 – 5.51.090 are proposed to be repealed. The repealed sections included specific enforcement, hearing, and appeal processes. It also repeals the Alcohol Enforcement Hearing Board. The Administration will continue to regulate alcohol-related activity through business licensing requirements, special event permits, and other applicable ordinances. Appeals related to business license revocations for these establishments will now be governed under the new administrative process outlined in Section 2.75 of this proposal. Section 5.63.065(B) allows a hearing examiner to issue a pedicab license to individuals with otherwise disqualifying criminal history if they present evidence of reformed moral character and obtain a recommendation from their parole officer. This exception applies to individuals who have been convicted of crimes involving moral turpitude, narcotics or dangerous drugs, felony offenses against persons or property (if less than five years have passed since conviction or release), or those with two or more felony convictions. This proposal removes that provision. Under the new administrative hearing process, decisions by hearing officers are intended to align with objective, codified standards to the greatest extent possible. The provision allowing a subjective determination of “reformed moral character” has been determined to be too vague and inappropriate for inclusion in the revised framework. Granting hearing officers broad discretion to override established ineligibility criteria based on perceived character reform is inconsistent with the ordinance’s goal of streamlining enforcement and reducing ambiguity in licensing decisions. The Administration has reported that to their knowledge, this provision has never been used. Sections 12.24.016 and 12.24.018 are proposed to be repealed, as they are duplicative of State Law and are redundant in our City Code. 1. Differences between Hearing Officers and Administrative Appeals Officers Page | 5 ATTACHMENT 1: Appointment Designated by the Department of Finance (may be a City employee) Appointed by the Mayor with advice and consent of the City Council Qualifications No specific legal training required Must be law-trained or have significant experience with administrative hearing processes Role Conducts initial informal review (Initial Determination) of administrative citations Conducts formal Administrative Enforcement Hearings (after a party appeals a Hearing Officer’s decision) Standard of Review Reviews submitted evidence; no hearing or testimony; determines whether violation occurred Conducts de novo review — considers the case anew, with no deference to prior decisions Decision Authority May: • Dismiss citation • Uphold citation with or without penalty reduction May: • Affirm, modify, or reverse citation • Impose penalties or corrective actions • Authorize abatements Public Hearing No — written review only, based on submitted documents Yes — public hearing with testimony, evidence, and optional legal representation Continuing Jurisdiction None after decision is issued. Has continuing jurisdiction to issue orders, authorize abatements, modify decisions, or schedule compliance hearings Conflict of Interest Rules Not specified Cannot participate in cases involving a conflict under Chapter 2.44 Appealability Decisions can be appealed to an Administrative Appeals Officer Final decisions can be appealed to Third District Court Term and Removal Not specified; operates under Finance Department procedures Serves renewable 3-year terms; can only be removed for cause Subpoena Power Not authorized May issue administrative subpoenas under Chapter 2.59 and applicable policies