Section 10-B3216. APPEAL PROCEDURES FOR DISPLACED PERSONS OR BUSINESSES

 

3216.1After receipt of a written decision by the Department, a qualified person or business may file an appeal within fifteen (15) days with the Administration for Neighborhood Preservation and Commercial Development, on any case in which he or she believes the Department has done any of the following:

 

(a)Failed to property determine eligibility under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USCA §4601, et seq., as amended); or

 

(b)Failed to follow the procedures set forth in the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 USCA §4601, et seq., as amended).

 

3216.2The appeal shall be in writing, and may include any related statement; of fact or other material.

 

3216.3Within fifteen (15) days after receipt of all information submitted by a person in support of his or her appeal, the Administrator of the Neighborhood Preservation and Commercial Development, or his or her designee, shall make a written determination on the appeal and shall furnish the person with a copy.

 

3216.4The written determination shall include at least the following:

 

(a)The Department's 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 Administration determination.

 

3216.5An appeal to the Director of the Department shall be in writing, and may include any additional information pertinent to the case not earlier submitted to the Administrator.

 

3216.6Within 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.

 

3216.7A copy of the written determination made pursuant to §3216.6 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.

 

3216.8Nothing 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 41 DCR 7048, 7070 (October 28, 1994).