Acknowledgement of Rights and Procedure

I understand that I am appearing before an administrative law judge who only has jurisdiction to hear administrative matters.

I acknowledge that I have the right to be represented by an attorney of my own choosing, at my own expense, and that I am not entitled to a court-appointed attorney.

I acknowledge that I have a right to present evidence on my own behalf, to call witnesses, to cross examine witnesses, testify on my own behalf, and receive copies of all evidence introduced by the City.

I acknowledge that I do not have to present any evidence, call on any witnesses, cross examine witnesses, or make any statements.

I acknowledge that failure to request copies of evidence from the City prior to commencement of the hearing will not result in a continuation of the hearing.

I acknowledge that the formal rules of evidence do NOT apply during an administrative hearing.

I acknowledge that the City must only prove their case by a preponderance of the evidence. Preponderance of the evidence is a very low burden of proof and is based on more convincing evidence and its probable truth or accuracy, and not on the amount of evidence.

I acknowledge that the administrative law judge will make a final finding of fact(s) in my case.

I acknowledge that the administrative law judge may affirm, reject, or modify an administrative summons, itemized statement of costs, administrative citation, notice of emergency abatement, administrative order, or other municipal action.

I acknowledge that if the administrative law judge imposes a fine, fee costs, or other monetary costs, only the administrative law judge has the authority to modify such fine, fee, or costs.

I acknowledge that the administrative law judge will issue an administrative order in connection with this case. Failure to comply with the terms, conditions, and deadlines set forth in an administrative order may result in the City charging me with a class C misdemeanor.

I acknowledge that the administrative law judge may order the City, or its designee, to enter my property and abate any nuisance, and that I will be responsible for paying for all associated costs.

I acknowledge that if the City, or its designee, enters my property to abate a nuisance in accordance with any administrative order, by itself, such an entry is NOT a trespass.

I acknowledge that I have the right to appeal the administrative order by filing a petition for review in the Fourth District Court, NOT the Orem City Justice Court. I further acknowledge that I must file a petition for review within thirty (30) days after the administrative order is final. I acknowledge that the petition for review may only allege that the administrative order was arbitrary, capricious, or illegal.