(a) The authority has jurisdiction to hear appeals concerning:(1) A denial or conditional approval of an application by a local governmental entity under part 3 or part 6 of this chapter;(2) A failure of a local governmental entity or utility to act within the timelines established in this chapter or by rule of the authority;(3) An adverse utility decision under § 65-13-505; or(4) A dispute concerning coordination of infrastructure necessary for the construction or operation of a transit project, including a determination of the term of a lease or agreement between an operator and a local governmental entity or utility.
(1) A denial or conditional approval of an application by a local governmental entity under part 3 or part 6 of this chapter;
(2) A failure of a local governmental entity or utility to act within the timelines established in this chapter or by rule of the authority;
(3) An adverse utility decision under § 65-13-505; or
(4) A dispute concerning coordination of infrastructure necessary for the construction or operation of a transit project, including a determination of the term of a lease or agreement between an operator and a local governmental entity or utility.
(b) An operator or other affected party may file an appeal with the authority.
(c) In an appeal heard pursuant to this chapter, the authority shall review the matter de novo.
(d) In conducting a review under this section, the authority:(1) May consider:(A) The record before the local governmental entity or utility;(B) A written determination, notice, or other written material issued by the local governmental entity or utility; and(C) Additional evidence, testimony, or documentation that the authority determines is relevant; and(2) Shall permit the operator, the local governmental entity, or the utility, as applicable, to offer testimony and to submit written briefs, supporting documentation, and other materials relevant to the issues on appeal.
(1) May consider:(A) The record before the local governmental entity or utility;(B) A written determination, notice, or other written material issued by the local governmental entity or utility; and(C) Additional evidence, testimony, or documentation that the authority determines is relevant; and
(A) The record before the local governmental entity or utility;
(B) A written determination, notice, or other written material issued by the local governmental entity or utility; and
(C) Additional evidence, testimony, or documentation that the authority determines is relevant; and
(2) Shall permit the operator, the local governmental entity, or the utility, as applicable, to offer testimony and to submit written briefs, supporting documentation, and other materials relevant to the issues on appeal.
(e) The authority shall not defer to a legal conclusion, a policy determination, or the discretionary judgment of a local governmental entity or utility.
(f) The authority shall uphold a denial, condition, requirement, restriction, or adverse decision of a local governmental entity or utility only if the local governmental entity or utility proves by a preponderance of the evidence that the challenged action:(1) Is authorized by this chapter or other applicable law;(2) Is based on objective and specifically identified facts;(3) Is reasonably necessary to prevent a material interference with:(A) The present or reasonably foreseeable use of property owned by, or subject to the jurisdiction of, a local governmental entity; or(B) The safe and reliable operation and use of a utility's existing systems, facilities, infrastructure, subsurface rights-of-way, or other property interest, including the utility's ability to comply with applicable federal or state safety standards and requirements for cover, clearance, access, inspection, maintenance, repair, or replacement; and(4) Is narrowly tailored and does not prohibit, effectively prohibit, or materially delay the construction, operation, or maintenance of the transit project beyond what is reasonably necessary to prevent or cure the material interference identified in subdivision (f)(3).
(1) Is authorized by this chapter or other applicable law;
(2) Is based on objective and specifically identified facts;
(3) Is reasonably necessary to prevent a material interference with:(A) The present or reasonably foreseeable use of property owned by, or subject to the jurisdiction of, a local governmental entity; or(B) The safe and reliable operation and use of a utility's existing systems, facilities, infrastructure, subsurface rights-of-way, or other property interest, including the utility's ability to comply with applicable federal or state safety standards and requirements for cover, clearance, access, inspection, maintenance, repair, or replacement; and
(A) The present or reasonably foreseeable use of property owned by, or subject to the jurisdiction of, a local governmental entity; or
(B) The safe and reliable operation and use of a utility's existing systems, facilities, infrastructure, subsurface rights-of-way, or other property interest, including the utility's ability to comply with applicable federal or state safety standards and requirements for cover, clearance, access, inspection, maintenance, repair, or replacement; and
(4) Is narrowly tailored and does not prohibit, effectively prohibit, or materially delay the construction, operation, or maintenance of the transit project beyond what is reasonably necessary to prevent or cure the material interference identified in subdivision (f)(3).
(g) If the authority finds that the local governmental entity or utility, as applicable, fails to meet their burden of proof pursuant to subsection (f), the authority shall invalidate or modify the challenged action, in whole or in part, as necessary to permit the operator's continued construction, operation, or maintenance of the transit project, and may impose reasonable conditions or restrictions necessary to protect the affected property interests, utility systems, facilities, or infrastructure of the local governmental entity or utility.
(h) The local governmental entity or utility whose action is under review bears the burden of proof under subsection (f).
(i) The authority may prescribe by rule:(1) Deadlines for appellate review, compliance with any order of the authority to cure or comply with a denied or conditionally approved application, a local governmental entity's or utility's review of a revised application, and any other deadline as necessary to facilitate the expedited processing of an application on appeal;(2) Information that may be required for submittal by a party to an appeal, including cost analyses or estimates if the appeal, in whole or in part, pertains to actual costs, as defined in § 65-13-502(c); and(3) Any other procedural or administrative requirement governing the review of an application or matter appealed under this chapter.
(1) Deadlines for appellate review, compliance with any order of the authority to cure or comply with a denied or conditionally approved application, a local governmental entity's or utility's review of a revised application, and any other deadline as necessary to facilitate the expedited processing of an application on appeal;
(2) Information that may be required for submittal by a party to an appeal, including cost analyses or estimates if the appeal, in whole or in part, pertains to actual costs, as defined in § 65-13-502(c); and
(3) Any other procedural or administrative requirement governing the review of an application or matter appealed under this chapter.