Section 10-B2133. APPEAL PROCEDURES FOR DISPLACED BUSINESSES

 

2133.1After receipt of a written decision by the Agency, a qualified business may file an appeal within fifteen (15) days with the Administrator, Housing and Business Resources Administration, on any case in which he or she believes the Agency has done any of the following:

 

(a)Failed to properly determine eligibility for, or amount of, benefits under §§2130 through 2132 of this chapter;

 

(b)Failed to follow the procedures set forth in §§2130 through 2132 of this chapter.

 

2133.2The appeal shall be in writing, and may include any related statement of fact or other material.

 

2133.3Within fifteen (15) days after receipt of all information submitted by a person in support of his or her appeal, the Administrator of the Housing and Business Resources Administration, or his or her designee, shall make a written determination on the appeal and shall furnish the person with a copy.

 

2133.4The written determination shall include at least the following:

 

(a)The Agency decision upon review of the appeal;

 

(b)The factual and legal basis upon which the decision is based, including any relevant explanation; and

 

(c)If the full relief requested is not granted, a statement of the person's right to appeal for reconsideration to the Director, Department of Housing and Community Development (DHCD) within fifteen (15) days after receipt of the Agency's determination.

 

2133.5An appeal to the Director, DHCD, shall be in writing and may include any additional information pertinent to the case not earlier submitted to the Agency.

 

2133.6Within thirty (30) days after receipt of all information submitted by the person making the appeal, the Director, DHCD, or his or her designee shall review the case and make a written determination on the appeal.

 

2133.7A copy of the written determination made pursuant to §§2133.6 shall be furnished to the person making the appeal and shall include at least the following:

 

(a)The decision on review of the appeal;

 

(b)The factual and legal basis upon which the decision is based; and

 

(c)If the full relief is not granted, a statement of the person's right to seek judicial review.

 

2133.8Nothing in this section shall preclude a person from seeking judicial review of his or her appeal on its merits after exhaustion of all administrative remedies available under this section.

 

source

Final Rulemaking published at 30 DCR 5055, 5060 (September 30, 1983).