[Code of Federal Regulations]
[Title 33, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 33CFR331.1]

[Page 474]
 
                TITLE 33--NAVIGATION AND NAVIGABLE WATERS
 
         CHAPTER II--CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY
 
PART 331--ADMINISTRATIVE APPEAL PROCESS--Table of Contents
 
Sec. 331.1  Purpose and policy.

    (a) General. The purpose of this Part is to establish policies and 
procedures to be used for the administrative appeal of approved 
jurisdictional determinations (JDs), permit applications denied with 
prejudice, and declined permits. The appeal process will allow the 
affected party to pursue an administrative appeal of certain Corps of 
Engineers decisions with which they disagree. The basis for an appeal 
and the specific policies and procedures of the appeal process are 
described in the following sections. It shall be the policy of the Corps 
of Engineers to promote and maintain an administrative appeal process 
that is independent, objective, fair, prompt, and efficient.
    (b) Level of decision maker. Appealable actions decided by a 
division engineer or higher authority may be appealed to an Army 
official at least one level higher than the decision maker. This higher 
Army official shall make the decision on the merits of the appeal, and 
may appoint a qualified individual to act as a review officer (as 
defined in Sec. 331.2). References to the division engineer in this Part 
shall be understood as also referring to a higher level Army official 
when such official is conducting an administrative appeal.