§ 17B-2a-816 — Hearing on a rate or charge or a proposal to fix the location of district facilities.

(1) (1)(a) The legislative body of a county or municipality with territory within a public transit district may, on behalf of a person who is a resident of the county or municipality, respectively, and who is a user of a public transit system operated by the public transit district, file a request for a hearing before the public transit district's board of trustees as to:
(1)(a)(i) the reasonableness of a rate or charge fixed by the board of trustees; or
(1)(a)(ii) a proposal for fixing the location of district facilities.
(1)(b) Each request under Subsection (1)(a) shall:
(1)(b)(i) be in writing;
(1)(b)(ii) be filed with the board of trustees of the public transit district; and
(1)(b)(iii) state the subject matter on which a hearing is requested.
(2) (2)(a) At least 15 but not more than 60 days after a request under Subsection (1)(a) is filed, the public transit district's board of trustees shall hold a hearing on, as the case may be:
(2)(a)(i) the reasonableness of a rate or charge fixed by the board of trustees; or
(2)(a)(ii) a proposal for fixing the location of district facilities.
(2)(b) The public transit district board of trustees shall provide notice of the hearing by:
(2)(b)(i) mailing, postage prepaid, a notice to:

(2)(b)(i)(A) the county or municipality requesting the hearing; and
(2)(b)(i)(B) the legislative body of each other county and municipality with territory within the public transit district; and
(2)(b)(ii) once publishing a notice.
(3) At each hearing under Subsection (2)(a):

(3)(a) the legislative body of a county or municipality may intervene, be heard, and introduce evidence if the county or municipality:
(3)(a)(i) is eligible to file a request for hearing under Subsection (1); and
(3)(a)(ii) did not file a request for hearing;
(3)(b) the public transit district, the county or municipality that filed the request for hearing, and an intervening county or municipality under Subsection (3)(a) may:
(3)(b)(i) call and examine witnesses;
(3)(b)(ii) introduce exhibits;
(3)(b)(iii) cross-examine opposing witnesses on any matter relevant to the issues, even though the matter was not covered in direct examination; and
(3)(b)(iv) rebut evidence introduced by others;
(3)(c) evidence shall be taken on oath or affirmation;
(3)(d) technical rules of evidence need not be followed, regardless of the existence of a common law or statutory rule that makes improper the admission of evidence over objection in a civil action;
(3)(e) hearsay evidence is admissible in order to supplement or explain direct evidence, but is not sufficient in itself to support a finding unless it would be admissible over objection in a civil action; and
(3)(f) the public transit district board of trustees shall appoint a reporter to take a complete record of all proceedings and testimony before the board.
(4) (4)(a) Within 60 days after the conclusion of a hearing under Subsection (2)(a), the public transit district board of trustees shall render its decision in writing, together with written findings of fact.
(4)(b) The board of trustees shall mail by certified mail, postage prepaid, a copy of the decision and findings to:
(4)(b)(i) the county or municipality that filed a request under Subsection (1); and
(4)(b)(ii) each county and municipality that intervened under Subsection (3)(a).
(5) In any action to review a decision of a public transit district board of trustees under this section, the record on review shall consist of:

(5)(a) the written request for hearing, the transcript of the testimony at the hearing, and all exhibits introduced at the hearing; or
(5)(b) if the parties stipulate in writing:
(5)(b)(i) the evidence specified in the stipulation; and
(5)(b)(ii) the written stipulation itself.

Legislative History

Enacted by Chapter 329, 2007 General Session