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A. Any decision of the hearing officer may be appealed by the applicant/licensee or the city to the third district court of Salt Lake County within thirty days from when the written decision is made. Any appeal made after thirty days is barred and the hearing officer’s decision will be considered final.

B. The appellant may only allege that the hearing officer’s decision was arbitrary and capricious.

C. The district court shall:

1. Presume that the hearing officer’s decision is valid;

2. Review the record to determine whether the order was arbitrary or capricious; and

3. Affirm the hearing officer’s decision if it is supported by evidence.

D. If appealed, the record of the proceedings including minutes, findings, orders, and, if available, a true and correct recording of the proceeding will be submitted to the reviewing court within thirty days of the notice of appeal.

E. If there is a record, the court review is limited to the record of the proceeding. The court may not accept or consider any evidence outside such record unless the evidence was offered to the hearing officer and the court determines it was improperly excluded by the hearing officer. The court may call witnesses and take evidence if there is no record. (Ord. 2020-01 § 1 (Exh. A (part)); Ord. 2014-10 § 1 (Exh. A (part)); Ord. 10/28/2003O-12 (part); Ord. 12-09-97G (part))