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(1) Upon receipt of a notice that the City Recorder has imposed, or intends to impose, a civil penalty described in Section 2.05.060, Provo City Code, the affected party may present documentary and/or testimonial evidence to the City Recorder to show why such penalty should not be imposed.

(2) Such evidence must be presented within ten (10) days of receiving the notice described in Subsection (1) of this Section. However, if the notice regards the disqualification of the candidate, the evidence must be received at the office of the City Recorder by noon of the day preceding the election from which the candidate is to be disqualified even if ten (10) days has not yet elapsed since receipt of the notice.

(3) The consideration of such evidence by the City Recorder is an administrative proceeding under Section 10-3-703.7, Utah Code. After review of the evidence, the City Recorder shall make and issue a final administrative determination.

(4) The final administrative decision by the City Recorder may be appealed (for purposes of review and not a trial de novo) to the district court, in the time and manner otherwise provided by law.

(Enacted 2011-20, Am 2019-27)