[Code of Federal Regulations]
[Title 32, Volume 2]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 32CFR203.19]

[Page 377]
 
                       TITLE 32--NATIONAL DEFENSE
 
        CHAPTER I--OFFICE OF THE SECRETARY OF DEFENSE (CONTINUED)
 
PART 203_TECHNICAL ASSISTANCE FOR PUBLIC PARTICIPATION (TAPP) IN DEFENSE 
 
Sec. 203.19  Appeals process.

    DoD Components will establish an appeals process to settle potential 
disputes between the Department of Defense and the public regarding 
certain decisions arising out of the TAPP process. The Department of 
Defense recognizes that the RAB/TRC may disagree with the findings of 
the installation commander that a proposed TAPP project is ineligible, 
either because of the availability of alternate sources of assistance or 
because the project does not meet the eligibility criteria established 
in this part. It is in the best interests of the Department of Defense 
and the community members of RABs and TRCs to anticipate and avoid 
disputes and to work cooperatively to resolve potential differences of 
opinion. However, in certain circumstances, the RAB/TRC community 
members may feel that their needs were not adequately served by the 
decisions of the Department of Defense. In this instance, the 
hierarchical structure and chain-of-command within each DoD Component 
will serve as the avenue for appeal. Appeals will be considered within 
the chain-of-command, and, in general, will be resolved at the lowest 
level possible. The highest level of appeal will be at the DoD Component 
Deputy Assistant Secretary level with authority over the DERP and BRAC 
environmental programs. Inherently governmental functions, such as the 
procurement process governed by the FAR, are not subject to appeal.

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