[Code of Federal Regulations]

[Title 49, Volume 1]

[Revised as of October 1, 2005]

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

[CITE: 49CFR24.10]



[Page 228-229]

 

                        TITLE 49--TRANSPORTATION

 

          Subtitle A--Office of the Secretary of Transportation

 

PART 24_UNIFORM RELOCATION ASSISTANCE AND REAL PROPERTY ACQUISITION FOR 

FEDERAL AND FEDERALLY-ASSISTED PROGRAMS--Table of Contents

 

                            Subpart A_General

 

Sec. 24.10  Appeals.



    (a) General. The Agency shall promptly review appeals in accordance 

with the requirements of applicable law and this part.

    (b) Actions which may be appealed. Any aggrieved person may file a 

written appeal with the Agency in any case in which the person believes 

that the Agency has failed to properly consider the person's application 

for assistance



[[Page 229]]



under this part. Such assistance may include, but is not limited to, the 

person's eligibility for, or the amount of, a payment required under 

Sec. 24.106 or Sec. 24.107, or a relocation payment required under 

this part. The Agency shall consider a written appeal regardless of 

form.

    (c) Time limit for initiating appeal. The Agency may set a 

reasonable time limit for a person to file an appeal. The time limit 

shall not be less than 60 days after the person receives written 

notification of the Agency's determination on the person's claim.

    (d) Right to representation. A person has a right to be represented 

by legal counsel or other representative in connection with his or her 

appeal, but solely at the person's own expense.

    (e) Review of files by person making appeal. The Agency shall permit 

a person to inspect and copy all materials pertinent to his or her 

appeal, except materials which are classified as confidential by the 

Agency. The Agency may, however, impose reasonable conditions on the 

person's right to inspect, consistent with applicable laws.

    (f) Scope of review of appeal. In deciding an appeal, the Agency 

shall consider all pertinent justification and other material submitted 

by the person, and all other available information that is needed to 

ensure a fair and full review of the appeal.

    (g) Determination and notification after appeal. Promptly after 

receipt of all information submitted by a person in support of an 

appeal, the Agency shall make a written determination on the appeal, 

including an explanation of the basis on which the decision was made, 

and furnish the person a copy. If the full relief requested is not 

granted, the Agency shall advise the person of his or her right to seek 

judicial review of the Agency decision.

    (h) Agency official to review appeal. The Agency official conducting 

the review of the appeal shall be either the head of the Agency or his 

or her authorized designee. However, the official shall not have been 

directly involved in the action appealed.