[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR67.8]



[Page 360]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 67_APPEALS FROM PROPOSED FLOOD ELEVATION DETERMINATIONS--Table of 

Contents

 

Sec. 67.8  Appeal procedure.



    (a) If a community appeals the proposed flood elevation 

determination, the Administrator shall review and take fully into 

account any technical or scientific data submitted by the community that 

tend to negate or contradict the information upon which his/her proposed 

determination is based.

    (b) The Administrator shall resolve such appeal by consultation with 

officials of the local government, or by administrative hearings under 

the procedures set forth in part 68 of this subchapter, or by submission 

of the conflicting data to an independent scientific body or appropriate 

Federal agency for advice.

    (c) The final determination by the Administrator where an appeal is 

filed shall be made within a reasonable time.

    (d) Nothing in this section shall be considered to compromise an 

appellant's rights granted under Sec. 67.12.

    (e) The Administrator shall make available for public inspection the 

reports and other information used in making the final determination. 

This material shall be admissible in a court of law in the event the 

community seeks judicial review in accordance with Sec. 67.12.



[41 FR 46989, Oct. 26, 1976. Redesignated at 44 FR 31177, May 31, 1979, 

as amended at 48 FR 44553, Sept. 29, 1983; 49 FR 4751, Feb. 8, 1984]