reglab/statecodes huggingface dataset:
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 701 - Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.

Effective 5/5/2021
17-27a-701.
Appeal authority required -- Condition precedent to judicial review -- Appeal authority duties.
(1)
(a) Each county adopting a land use ordinance shall, by ordinance, establish one or more appeal authorities.
(b) An appeal authority shall hear and decide:
(i) requests for variances from the terms of land use ordinances;
(ii) appeals from land use decisions applying land use ordinances; and
(iii) appeals from a fee charged in accordance with Section 17-27a-509.
(c) An appeal authority may not hear an appeal from the enactment of a land use regulation.
(2) As a condition precedent to judicial review, each adversely affected party shall timely and specifically challenge a land use authority's land use decision, in accordance with local ordinance.
(3) An appeal authority described in Subsection (1)(a):
(a) shall:
(i) act in a quasi-judicial manner; and
(ii) serve as the final arbiter of issues involving the interpretation or application of land use ordinances; and
(b) may not entertain an appeal of a matter in which the appeal authority, or any participating member, had first acted as the land use authority.
(4) By ordinance, a county may:
(a) designate a separate appeal authority to hear requests for variances than the appeal authority the county designates to hear appeals;
(b) designate one or more separate appeal authorities to hear distinct types of appeals of land use authority decisions;
(c) require an adversely affected party to present to an appeal authority every theory of relief that the adversely affected party can raise in district court;
(d) not require a land use applicant or adversely affected party to pursue duplicate or successive appeals before the same or separate appeal authorities as a condition of an appealing party's duty to exhaust administrative remedies; and
(e) provide that specified types of land use decisions may be appealed directly to the district court.
(5) If the county establishes or, prior to the effective date of this chapter, has established a multiperson board, body, or panel to act as an appeal authority, at a minimum the board, body, or panel shall:
(a) notify each of the members of the board, body, or panel of any meeting or hearing of the board, body, or panel;
(b) provide each of the members of the board, body, or panel with the same information and access to municipal resources as any other member;
(c) convene only if a quorum of the members of the board, body, or panel is present; and
(d) act only upon the vote of a majority of the convened members of the board, body, or panel.
Amended by Chapter 385, 2021 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 702 - Variances.

17-27a-702.
Variances.
(1) Any person or entity desiring a waiver or modification of the requirements of a land use ordinance as applied to a parcel of property that he owns, leases, or in which he holds some other beneficial interest may apply to the applicable appeal authority for a variance from the terms of the ordinance.
(2)
(a) The appeal authority may grant a variance only if:
(i) literal enforcement of the ordinance would cause an unreasonable hardship for the applicant that is not necessary to carry out the general purpose of the land use ordinances;
(ii) there are special circumstances attached to the property that do not generally apply to other properties in the same zone;
(iii) granting the variance is essential to the enjoyment of a substantial property right possessed by other property in the same zone;
(iv) the variance will not substantially affect the general plan and will not be contrary to the public interest; and
(v) the spirit of the land use ordinance is observed and substantial justice done.
(b)
(i) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship unless the alleged hardship:
(A) is located on or associated with the property for which the variance is sought; and
(B) comes from circumstances peculiar to the property, not from conditions that are general to the neighborhood.
(ii) In determining whether or not enforcement of the land use ordinance would cause unreasonable hardship under Subsection (2)(a), the appeal authority may not find an unreasonable hardship if the hardship is self-imposed or economic.
(c) In determining whether or not there are special circumstances attached to the property under Subsection (2)(a), the appeal authority may find that special circumstances exist only if the special circumstances:
(i) relate to the hardship complained of; and
(ii) deprive the property of privileges granted to other properties in the same zone.
(3) The applicant shall bear the burden of proving that all of the conditions justifying a variance have been met.
(4) Variances run with the land.
(5) The appeal authority may not grant a use variance.
(6) In granting a variance, the appeal authority may impose additional requirements on the applicant that will:
(a) mitigate any harmful affects of the variance; or
(b) serve the purpose of the standard or requirement that is waived or modified.
Renumbered and Amended by Chapter 254, 2005 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 703 - Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.

Effective 5/12/2020
17-27a-703.
Appealing a land use authority's decision -- Panel of experts for appeals of geologic hazard decisions.
(1) The land use applicant, a board or officer of the county, or an adversely affected party may, within the time period provided by ordinance, appeal that decision to the appeal authority by alleging that there is error in any order, requirement, decision, or determination made by the land use authority in the administration or interpretation of the land use ordinance.
(2)
(a) A land use applicant who has appealed a decision of the land use authority administering or interpreting the county's geologic hazard ordinance may request the county to assemble a panel of qualified experts to serve as the appeal authority for purposes of determining the technical aspects of the appeal.
(b) If a land use applicant makes a request under Subsection (2)(a), the county shall assemble the panel described in Subsection (2)(a) consisting of, unless otherwise agreed by the land use applicant and county:
(i) one expert designated by the county;
(ii) one expert designated by the land use applicant; and
(iii) one expert chosen jointly by the county's designated expert and the applicant's land use designated expert.
(c) A member of the panel assembled by the county under Subsection (2)(b) may not be associated with the application that is the subject of the appeal.
(d) The land use applicant shall pay:
(i) 1/2 of the cost of the panel; and
(ii) the county's published appeal fee.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 704 - Time to appeal.

Effective 5/12/2020
17-27a-704.
Time to appeal.
(1) The county shall enact an ordinance establishing a reasonable time of not less than 10 days to appeal to an appeal authority a written decision issued by a land use authority.
(2) In the absence of an ordinance establishing a reasonable time to appeal, a land use applicant or adversely affected party shall have 10 calendar days to appeal to an appeal authority a written decision issued by a land use authority.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 706 - Due process.

17-27a-706.
Due process.
(1) Each appeal authority shall conduct each appeal and variance request as described by local ordinance.
(2) Each appeal authority shall respect the due process rights of each of the participants.
Enacted by Chapter 254, 2005 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 707 - Scope of review of factual matters on appeal -- Appeal authority requirements.

Effective 5/14/2019
17-27a-707.
Scope of review of factual matters on appeal -- Appeal authority requirements.
(1) A county may, by ordinance, designate the scope of review of factual matters for appeals of land use authority decisions.
(2) If the county fails to designate a scope of review of factual matters, the appeal authority shall review the matter de novo, without deference to the land use authority's determination of factual matters.
(3) If the scope of review of factual matters is on the record, the appeal authority shall determine whether the record on appeal includes substantial evidence for each essential finding of fact.
(4) The appeal authority shall:
(a) determine the correctness of the land use authority's interpretation and application of the plain meaning of the land use regulations; and
(b) interpret and apply a land use regulation to favor a land use application unless the land use regulation plainly restricts the land use application.
(5)
(a) An appeal authority's land use decision is a quasi-judicial act.
(b) A legislative body may act as an appeal authority unless both the legislative body and the appealing party agree to allow a third party to act as the appeal authority.
(6) Only a decision in which a land use authority has applied a land use regulation to a particular land use application, person, or parcel may be appealed to an appeal authority.
Amended by Chapter 384, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 7 - Appeal Authority and Variances › Section 708 - Final decision.

17-27a-708.
Final decision.
(1) A decision of an appeal authority takes effect on the date when the appeal authority issues a written decision, or as otherwise provided by local ordinance.
(2) A written decision, or other event as provided by ordinance, constitutes a final decision under Subsection 17-27a-801(2)(a) or a final action under Subsection 17-27a-801(4).
Amended by Chapter 240, 2006 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 8 - District Court Review › Section 802 - Enforcement.

Effective 5/12/2020
17-27a-802.
Enforcement.
(1)
(a) A county or an adversely affected party may, in addition to other remedies provided by law, institute:
(i) injunctions, mandamus, abatement, or any other appropriate actions; or
(ii) proceedings to prevent, enjoin, abate, or remove the unlawful building, use, or act.
(b) A county need only establish the violation to obtain the injunction.
(2)
(a) A county may enforce the county's ordinance by withholding a building permit.
(b) It is unlawful to erect, construct, reconstruct, alter, or change the use of any building or other structure within a county without approval of a building permit.
(c) The county may not issue a building permit unless the plans of and for the proposed erection, construction, reconstruction, alteration, or use fully conform to all regulations then in effect.
(d) A county may not deny an applicant a building permit or certificate of occupancy because the applicant has not completed an infrastructure improvement:
(i) that is not essential to meet the requirements for the issuance of a building permit or certificate of occupancy under the building code and fire code; and
(ii) for which the county has accepted an improvement completion assurance for landscaping or infrastructure improvements for the development.
Amended by Chapter 434, 2020 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 8 - District Court Review › Section 803 - Penalties -- Notice.

17-27a-803.
Penalties -- Notice.
(1) The county may, by ordinance, establish civil penalties for violations of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter.
(2) Violation of any of the provisions of this chapter or of any ordinances adopted under the authority of this chapter is punishable as a class C misdemeanor upon conviction either:
(a) as a class C misdemeanor; or
(b) by imposing the appropriate civil penalty adopted under the authority of this section.
(3) Prior to imposing upon an owner of record a civil penalty established by ordinance under authority of this chapter, a county shall provide:
(a) written notice, by mail or hand delivery, of each ordinance violation to the address of the:
(i) owner of record on file in the office of the county recorder; or
(ii) person designated, in writing, by the owner of record as the owner's agent for the purpose of receiving notice of an ordinance violation;
(b) the owner of record a reasonable opportunity to cure a noticed violation; and
(c) a schedule of the civil penalties that may be imposed upon the expiration of a time certain.
Amended by Chapter 218, 2012 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 9 - Mountainous Planning District › Section 901 - Mountainous planning district.

Effective 5/5/2021
17-27a-901.
Mountainous planning district.
(1)
(a) The legislative body of a county of the first class may adopt an ordinance designating an area located within the county as a mountainous planning district if the legislative body determines that:
(i) the area is primarily used for recreational purposes, including canyons, foothills, ski resorts, wilderness areas, lakes and reservoirs, campgrounds, or picnic areas within the Wasatch Range;
(ii) the area is used by residents of the county who live inside and outside the limits of a municipality;
(iii) the total resident population in the proposed mountainous planning district is equal to or less than 5% of the population of the county;
(iv) the area is within the unincorporated area of the county or was within the unincorporated area of the county before May 12, 2015; and
(v) the area includes land designated as part of a national forest on or before May 9, 2017.
(b) The population figure under Subsection (1)(a)(iii) shall be derived from a population estimate by the Utah Population Committee.
(2)
(a) A county may adopt a general plan and adopt a zoning or subdivision ordinance for a property that is located within a mountainous planning district.
(b) A county plan or zoning or subdivision ordinance governs a property described in Subsection (2)(a).
Amended by Chapter 363, 2021 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 10 - Vested Critical Infrastructure Materials Operations › Section 1001 - Definitions.

Effective 5/14/2019
17-27a-1001.
Definitions.
As used in this part:
(1) "Critical infrastructure materials" means sand, gravel, or rock aggregate.
(2) "Critical infrastructure materials operations" means the extraction, excavation, processing, or reprocessing of critical infrastructure materials.
(3) "Critical infrastructure materials operator" means a natural person, corporation, association, partnership, receiver, trustee, executor, administrator, guardian, fiduciary, agent, or other organization or representative, either public or private, including a successor, assign, affiliate, subsidiary, and related parent company, that:
(a) owns, controls, or manages a critical infrastructure materials operations; and
(b) has produced commercial quantities of critical infrastructure materials from the critical infrastructure materials operations.
(4) "Vested critical infrastructure materials operations" means critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county that existed or was conducted or otherwise engaged in before:
(a) a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations; and
(b) January 1, 2019.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 10 - Vested Critical Infrastructure Materials Operations › Section 1002 - Vested critical infrastructure materials operations -- Conclusive presumption.

Effective 5/14/2019
17-27a-1002.
Vested critical infrastructure materials operations -- Conclusive presumption.
(1)
(a) Critical infrastructure materials operations operating in accordance with a legal nonconforming use or a permit issued by the county are conclusively presumed to be vested critical infrastructure materials operations if the critical infrastructure materials operations permitted by the county, existed or was conducted or otherwise engaged in before January 1, 2019 and before when a political subdivision prohibits, restricts, or otherwise limits the critical infrastructure materials operations.
(b) A person claiming that a vested critical infrastructure materials operations has been established has the burden of proof to show by the preponderance of the evidence that the vested critical infrastructure materials operations has been established.
(2) A vested critical infrastructure materials operations:
(a) runs with the land; and
(b) may be changed to another critical infrastructure materials operations conducted within the scope of a legal nonconforming use or the permit for the vested critical infrastructure materials operations without losing its status as a vested critical infrastructure materials operations.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 10 - Vested Critical Infrastructure Materials Operations › Section 1003 - Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.

Effective 5/14/2019
17-27a-1003.
Rights of a critical infrastructure materials operator with a vested critical infrastructure materials operations.
Notwithstanding a political subdivision's prohibition, restriction, or other limitation on a critical infrastructure materials operations adopted after the establishment of the critical infrastructure materials operations, the rights of a critical infrastructure materials operator with vested critical infrastructure materials operations include the right to:
(1) use, operate, construct, reconstruct, restore, maintain, repair, alter, substitute, modernize, upgrade, and replace equipment, processes, facilities, and buildings; and
(2) discontinue, suspend, terminate, deactivate, or continue and reactivate, temporarily or permanently, all or any part of the critical infrastructure materials operations.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 10 - Vested Critical Infrastructure Materials Operations › Section 1004 - Notice.

Effective 5/14/2019
17-27a-1004.
Notice.
For any new subdivision development located in whole or in part within 1,000 feet of the boundary of a vested critical infrastructure materials operations, the owner of the development shall provide notice on any plat filed with the county recorder the following notice:
"Vested Critical Infrastructure Materials Operations
This property is located in the vicinity of an established vested critical infrastructure materials operations in which critical infrastructure materials operations have been afforded the highest priority use status. It can be anticipated that such operations may now or in the future be conducted on property included in the critical infrastructure materials operations. The use and enjoyment of this property is expressly conditioned on acceptance of any annoyance or inconvenience that may result from such normal critical infrastructure materials operations."
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 10 - Vested Critical Infrastructure Materials Operations › Section 1005 - Abandonment of a vested critical infrastructure materials operations.

Effective 5/14/2019
17-27a-1005.
Abandonment of a vested critical infrastructure materials operations.
(1) A critical infrastructure materials operator may abandon some or all of a vested critical infrastructure materials operations use only as provided in this section.
(2) To abandon some or all of a vested critical infrastructure materials operations, a critical infrastructure materials operator shall record a written declaration of abandonment with the recorder of the county in which the vested critical infrastructure materials operations being abandoned is located.
(3) The written declaration of abandonment under Subsection (2) shall specify the vested critical infrastructure materials operations or the portion of the vested critical infrastructure materials operations being abandoned.
Enacted by Chapter 227, 2019 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 11 - Large Concentrated Animal Feeding Operations Act › Section 1101 - Title.

Effective 5/5/2021
17-27a-1101.
Title.
This part is known as the "Large Concentrated Animal Feeding Operations Act."
Enacted by Chapter 244, 2021 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 11 - Large Concentrated Animal Feeding Operations Act › Section 1103 - County adoption of a county large concentrated animal feeding operation land use ordinance.

Effective 5/4/2022
17-27a-1103.
County adoption of a county large concentrated animal feeding operation land use ordinance.
(1)
(a) The legislative body of a county desiring to restrict siting of large concentrated animal feeding operations shall adopt a county large concentrated animal feeding operation land use ordinance in accordance with this part by no later than February 1, 2022.
(b) A county may consider an application to locate large concentrated animal feeding operations in the county before the county adopts the county large concentrated animal feeding operation land use ordinance under this part.
(2) A county large concentrated animal feeding operation land use ordinance described in Subsection (1) shall:
(a) designate geographic areas of sufficient size to support large concentrated animal feeding operations, including state trust lands described in Subsection 53C-1-103(8) and private property within the county, including adopting a map described in Section 17-27a-1104;
(b) establish requirements and procedures for applying for a land use decision that provides a reasonable opportunity to operate large concentrated animal feeding operations within the geographic area described in Subsection (2)(a);
(c) disclose fees imposed to apply for the land use decision described in Subsection (2)(b);
(d) disclose any requirements in addition to fees described in Subsection (2)(c) to be imposed by the county; and
(e) provide for administrative remedies consistent with this chapter.
(3)
(a) This part does not authorize a county to regulate the operation of large concentrated animal feeding operations in any way that conflicts with state or federal statutes or regulations.
(b) Nothing in this part supersedes or authorizes enactment of an ordinance that infringes on Chapter 41, Agriculture, Industrial, or Critical Infrastructure Materials Protection Areas, or Title 4, Chapter 44, Agricultural Operations Nuisances Act.
Amended by Chapter 274, 2022 General Session
2023 Utah Code › Title 17 - Counties › Chapter 27a - County Land Use, Development, and Management Act › Part 11 - Large Concentrated Animal Feeding Operations Act › Section 1104 - Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.

Effective 5/5/2021
17-27a-1104.
Criteria considered in adopting the geographic area of a county large concentrated animal feeding operation land use ordinance -- Maps -- Exception.
(1)
(a) To determine the geographic areas where large concentrated animal feeding operations may be located under a county large concentrated animal feeding operation land use ordinance, the county shall consider:
(i) the distance of the geographic area measured in feet from the following:
(A) a residential zone;
(B) a health care facility;
(C) a public area;
(D) an education institution;
(E) a religious institution;
(F) a commercial enterprise;
(G) a municipal boundary; and
(H) a state or county highway or road;
(ii) prevailing winds;
(iii) topography;
(iv) economic benefits to the county; and
(v) reasonable access to transportation, water, and power infrastructure.
(b) A county may consider criteria in addition to those described in Subsection (1)(a).
(2) After considering the factors described in Subsection (1), the county shall designate the geographic areas where large concentrated animal feeding operations may locate as required by Subsection 17-27a-1103(2)(a) and prepare a map available to the public showing the geographic areas in the county.
(3) A county may not designate a geographic area for large concentrated animal feeding operations based solely on a uniform setback distance requirement from the locations described in Subsection (1)(a)(i), but shall determine the geographic area by evaluating all criteria in Subsection (1).
(4) A county shall designate at least one geographic area within the county where large concentrated animal feeding operations for all animal species listed in Subsection 17-27a-1102(6) may be located unless the county demonstrates that one of the following makes it not feasible for the county to meet the criteria described in this section:
(a) the county's population density; or
(b) the county's population density relative to the amount of private land within the county.
Enacted by Chapter 244, 2021 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 1 - County Fire Civil Service Council.

17-28-1.
County Fire Civil Service Council.
(1) There is created in each of the counties of this state having and maintaining a regularly organized fire department in which there are regularly employed four or more paid firefighters, a County Fire Civil Service Council consisting of three members to be appointed by the county executive.
(2) Each member shall serve for a term of three years except that the county executive shall appoint the original council members as follows:
(a) one member for a period of one year;
(b) one member for a period of two years; and
(c) one member for a period of three years.
Amended by Chapter 158, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 2 - Vacancies -- Compensation -- Removal from office.

17-28-2.
Vacancies -- Compensation -- Removal from office.
(1) Any vacancy occurring on the County Fire Civil Service Council shall be filled by appointment by the county executive for the unexpired term.
(2) Not more than two members of any council shall at any one time be affiliated with or a member of the same political party.
(3) A member of the council may not hold, during the term of his office, any other public office or be a candidate for any other public office.
(4) Each council member shall receive $50 for each meeting of the council attended by him. The county legislative body may raise the compensation of council members as it considers appropriate. This compensation and allowance shall be a charge against the county and paid monthly.
(5) In case of misconduct, willful neglect, or inability to perform the duties of his office, any council member may be removed from office by the county legislative body upon a majority vote of the body, but the member is entitled to an opportunity to be heard in his own defense.
Amended by Chapter 158, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 2.4 - County Fire Civil Service System rules and policies.

17-28-2.4.
County Fire Civil Service System rules and policies.
(1) The executive director shall recommend rules and policies for the County Fire Civil Service System, which shall be subject to approval by the county legislative body.
(2) The County Fire Civil Service System rules shall provide for recruiting activities, including the recruiting of minorities and women, job-related minimum requirements, selection procedures, certification procedures, appointments, probationary periods, promotion, position classification, recordkeeping, reductions in force, grievances and complaints, disciplinary action, work hours, holidays, and other necessary and proper requirements not inconsistent with this chapter.
(3) The executive director shall publish or cause to be published these rules and policies in a manual form, to be updated regularly and made available to fire department employees.
Enacted by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 2.6 - Merit principles.

17-28-2.6.
Merit principles.
The County Fire Civil Service System shall be established and administered in a manner that will provide for the effective implementation of the following merit principles:
(1) recruiting, selecting, and advancing employees on the basis of their relative ability, knowledge, and skills, including open consideration of qualified applicants for initial appointment;
(2) provision of equitable and adequate job classification and compensation systems, including pay and benefits programs;
(3) training of employees as needed to assure high-quality performance;
(4) retention of employees on the basis of the adequacy of their performance and separation of employees whose inadequate performance cannot be corrected;
(5) fair treatment of applicants and employees in all aspects of personal administration without regard to race, color, religion, sex, national origin, political affiliation, age, or disability, and with proper regard for their privacy and constitutional rights as citizens;
(6) provision of information to employees regarding their political rights and prohibited practices under the Hatch Act; and
(7) provision of a formal procedure for processing the appeals and grievances of employees without discrimination, coercion, restraint, or reprisal.
Amended by Chapter 73, 2001 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 3 - Organization of council -- Accommodations.

17-28-3.
Organization of council -- Accommodations.
(1) The County Fire Civil Service Council shall select one of its members as chair.
(2) The county executive shall assign a qualified employee of the county to act as secretary to the council and a qualified attorney to act as legal counsel to the council, each of which shall be acceptable to the council and shall act and serve without additional compensation.
(3) The county executive shall provide suitable accommodations, equipment, and necessary funds to enable the council of its county to properly conduct its business.
Amended by Chapter 158, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 4 - Duties of secretary.

17-28-4.
Duties of secretary.
The secretary of the County Fire Civil Service Council shall keep a record of all its meetings, work, and official acts, and shall perform other service as required by the council. The secretary shall have custody of the council's books and records.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 5 - Appointment of county fire department personnel -- Volunteers.

17-28-5.
Appointment of county fire department personnel -- Volunteers.
(1)
(a) Except for the chief and deputy chief of a county fire department, all firefighter positions in county fire departments shall be filled by persons appointed from a certified county fire civil service register.
(b) County fire civil service registers for employment and promotion shall be prepared by the County Fire Civil Service executive director according to the requirements of this chapter and civil service rules.
(2)
(a) The chief and the deputy chief of any county fire department may be appointed from either the certified county fire civil service register or from qualified applicants outside of the county civil service system.
(b) The positions of chief and deputy chief are exempt from civil service status.
(c) A chief or deputy chief who is appointed from the certified county fire civil service register shall be returned to the civil service status that he held before his appointment after his appointment expires or terminates.
(3)
(a) All persons employed as firefighters, emergency medical technicians, or a combination of firefighter and emergency medical technician, shall be subject to the provisions of this chapter and shall be members of the County Fire Civil Service System.
(b) Other fire department employees who do not provide firefighter services are not considered subject to this chapter and shall be covered by the countywide merit system.
(4)
(a) A volunteer firefighter or paid-call firefighter is not subject to this chapter and is not a merit employee subject to the County Fire Civil Service System.
(b)
(i) Except as provided in Subsection (4)(b)(ii), a volunteer or paid-call firefighter may not work more than 1,040 hours per calendar year.
(ii) Notwithstanding Subsection (4)(b)(i), a wildland firefighter may work more than 1,040 hours per calendar year if approved by the county legislative body.
(iii) For purposes of this Subsection (4)(b), "wildland firefighter" means a seasonally employed firefighter who does not receive the same employment benefits as a full-time employee and who is hired to suppress wildland fires in areas outside of inhabited, urban areas.
Amended by Chapter 170, 1997 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 6 - County Fire Civil Service executive director -- Powers and duties.

17-28-6.
County Fire Civil Service executive director -- Powers and duties.
(1)
(a) Within each county subject to this chapter, there is created the office of executive director of County Fire Civil Service, who shall be appointed by the county executive.
(b) The executive director shall be a person with proven experience in personnel management and shall be accountable to the county executive for his performance in office.
(c) The position of executive director shall be a merit position under Title 17, Chapter 33, County Personnel Management Act, and shall be recruited and selected in the same manner as the holders of other career service merit positions, with the concurrence of the County Fire Civil Service Council.
(2) The County Fire Civil Service executive director shall:
(a) exercise, on behalf of the county, executive or administrative duties regarding the management and administration of the County Fire Civil Service System, including the management and administration of examinations, classification of duties, preparation of hiring registers, recommendations regarding civil service regulations and policies, and other duties provided in this chapter;
(b) classify persons successfully passing examinations in the order of their ascertained merit and prepare a list of them;
(c) make certification of classifications when required;
(d) make, publish, and distribute necessary rules relative to examinations, classifications, and certifications as may be proper and desirable in the administration of this chapter;
(e) establish and maintain records of employees in the County Fire Civil Service System setting forth as to each employee class, title, pay, status, and other relevant data;
(f) make necessary and proper reports to the County Fire Civil Service Council, the fire chief, or the county executive;
(g) apply and carry out the provisions of this chapter and the policies and rules adopted under it; and
(h) perform other lawful acts that may be necessary or desirable to carry out the purposes of this chapter.
(3) The executive director shall appoint the members of and act as chair to a County Fire Civil Service Advisory Committee which shall assist the executive director in making recommendations to the county executive regarding County Fire Civil Service System rules and policies.
Amended by Chapter 158, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 7 - Examinations.

17-28-7.
Examinations.
(1) A person may not be appointed to any civil service position as a firefighter in any fire department subject to the provisions of this chapter until he has successfully passed an examination and been certified as eligible for consideration by the County Fire Civil Service executive director, except that any honorably discharged veteran of the United States military service shall receive preferential employment consideration for entry into the County Fire Civil Service System.
(2) All examinations shall be public, competitive, and free and fairly test the ability of persons to discharge the duties of the position.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 8 - Eligible appointees to fire department.

17-28-8.
Eligible appointees to fire department.
The fire chief of each fire department of counties subject to the provisions of this chapter shall, subject to the rules of the County Fire Civil Service Council, appoint from the certified county fire civil service register, all persons necessary to fill all firefighter civil service positions in the county fire department.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 9 - Certification of eligible appointees -- Probationary period.

17-28-9.
Certification of eligible appointees -- Probationary period.
(1) The fire chief of each county fire department shall notify the County Fire Civil Service executive director of all positions to be filled in his department when the need arises. The County Fire Civil Service executive director shall then, as soon as possible, certify from the certified county fire civil service register to the head of the fire department the appropriate number of persons, consistent with adopted rules.
(2) Appointments from the certified register shall be placed on probation under conditions and for a period as prescribed by County Fire Civil Service Council rules.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 10 - Vacancies in civil service positions.

17-28-10.
Vacancies in civil service positions.
Any vacancy occurring in any county fire civil service position in any county fire department subject to this chapter shall be filled by an employee of the department having a lesser, equal, or superior position than that in which the vacancy occurs if that employee submits himself to examination for the position, is found qualified, and is certified by the County Fire Civil Service executive director as provided in this chapter.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 11 - Temporary work -- Term or period.

17-28-11.
Temporary work -- Term or period.
(1) Subject to Subsection (2), the head of any county fire department coming within the provisions of this act may with the advice and consent of the county legislative body, appoint to any position or place of employment in the fire department, any person for temporary work without making the appointment from the certified civil service list.
(2) An appointment described in Subsection (1) may not be longer than one month in the aggregate in the same calendar year.
Amended by Chapter 297, 2011 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 12 - Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings.

17-28-12.
Removal from office and disciplinary action -- Appeals -- Hearing and determination -- Findings.
(1) Any person holding a position under this chapter may be removed from office or employment, reduced in rank or grade, or otherwise disciplined by the fire chief for misconduct, incompetency, failure to perform the duties of his employment or to properly observe the rules of the office or department in which he is employed, or for other cause, as set out in County Fire Civil Service Council rules.
(2) Any such disciplinary action is subject to appeal in all cases by the aggrieved party to the County Fire Civil Service Council in the manner established by rule. After an appeal is filed the council shall, as soon as practicable, hear and determine the matter.
(3) If it determines that it is in the best interest of the county, the county legislative body may appoint an administrative law judge, trained and experienced in personnel matters, to initially hear the matter. Upon hearing, the administrative law judge shall make findings of fact and a recommendation to the council. The council may adopt or reject the recommendation of the administrative law judge or request that the judge hold further factual hearings prior to the council's decision.
(4) The council may then affirm, modify, vacate, or set aside the order for disciplinary action.
(5) The aggrieved party shall, upon demand, be granted a public hearing, at which he may appear in person or by counsel or both.
(6) After the hearing, the findings and determination of the County Fire Civil Service Council shall be certified to the head of the county fire department from whose order the appeal is taken. Notice in writing of the determination shall be served upon the person affected.
(7) The council determination shall be enforced and followed by the head of the fire department until an appeal is taken to the district court by any affected person.
Amended by Chapter 227, 1993 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 13 - Appeal to district court.

17-28-13.
Appeal to district court.
(1) Any person aggrieved by a determination of the County Fire Civil Service Council may, within 30 days after notice of the council's ruling, institute an action in the district court of the county or in the county of the aggrieved person's residence, against the County Fire Civil Service Council in its official capacity, setting out his grievance and his right to complain. In its answer, the council may set out any matter in justification.
(2) The court shall determine the issues of both questions of law and fact and may affirm, set aside, or modify the council ruling.
Amended by Chapter 115, 1992 General Session
2023 Utah Code › Title 17 - Counties › Chapter 28 - Firemen's Civil Service Commission › Section 14 - Reports by executive director.

17-28-14.
Reports by executive director.
Each County Fire Civil Service executive director shall, each December, make an annual report to the county executive and the county legislative body and shall make other reports as required by the county executive regarding the activities of the County Fire Civil Service Council and System.
Amended by Chapter 158, 2002 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 1 - Definitions.

17-30-1.
Definitions.
(1) "Governing body" means the county legislative body.
(2) "Appointing authority" means the sheriff of a county having jurisdiction over any peace officer.
(3) "Peace officer" means any paid deputy sheriff, other than a chief deputy designated by the sheriff, who is in the continuous employ of a county.
(4) "Commission" means the merit system commission consisting of three persons appointed as provided in Section 17-30-3 and having the duty, power, and responsibility for the discharge of the functions of this chapter.
(5) "Department of Public Safety" means the department created in Section 53-1-103.
Amended by Chapter 218, 2009 General Session
2023 Utah Code › Title 17 - Counties › Chapter 30 - Deputy Sheriffs - Merit System › Section 2 - Application -- Subordinate officers in sheriff's office to be appointed from list -- Officers serving on effective date considered qualified.

Effective 5/13/2014
17-30-2.
Application -- Subordinate officers in sheriff's office to be appointed from list -- Officers serving on effective date considered qualified.
(1) This chapter does not apply to a county of the first class or an interlocal entity, as defined in Section 11-13-103, in which a county of the first class is a party to an interlocal agreement to provide law enforcement service.
(2) From and after the effective date of this act the sheriff of each county with a population of 20,000 people or more which shall regularly employ one or more peace officers shall, by and with the advice and consent of the county legislative body, and subject to the rules and regulations of the merit service commission, appoint from the classified merit service list furnished by the merit service commission, all subordinate peace officers in his department and in like manner fill all vacancies in the same and shall further promote, transfer, demote, suspend or remove peace officers in accordance with the provisions of this act.
(3) Every peace officer who is serving as such upon the effective date of this act is considered fully qualified for such position without examination or test and is considered to have been appointed and to hold his position and classification pursuant to the provisions of this act.
(4) Counties with a population of less than 20,000 people may implement a deputy sheriff's merit system if approved by the county legislative body or the people of the county through referendum or initiative.
Amended by Chapter 366, 2014 General Session