New Jersey Administrative Code › Title 16 - TRANSPORTATION › Chapter 6 - RELOCATION ASSISTANCE › Subchapter 4 - APPEALS › Section 16:6-4.1 - Appeal of agency determination

Current through Register Vol. 56, No. 14, July 15, 2024
(a) Any
				displaced person may file a written appeal with the agency conducting the
				relocation in any case in which the person believes that the agency has failed
				to properly consider the person's application for assistance under this
				chapter. Such assistance may include, but is not limited to, the person's
				eligibility for, or the amount of, a relocation payment.
(b) The written appeal must be submitted to
				the agency conducting the relocation within 90 days after the displaced person
				receives written notification of the agency's determination on the displaced
				person's claim.
(c) 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.
(d) A person has the right to be represented
				by legal counsel or other representative in connection with the appeal, but
				solely at the person's own expense. The person shall be permitted to inspect
				and request copies of all materials pertinent to the appeal, except materials
				that are classified as privileged by the agency. The agency may impose
				reasonable conditions on the person's right to inspect, consistent with
				applicable laws. Copying fees shall be in accordance with
				N.J.S.A.
				47:1A-5 and copies will be provided upon full
				payment of the copying fees, by check or money order made payable to "New
				Jersey Department of Transportation."
(e) The LPA shall designate a person within
				its agency to hear any initial appeals of its relocation assistance
				determinations. In the event that the LPA is unable to provide a person with
				sufficient expertise, the LPA may request that the Department hear the initial
				appeal.
(f) The Division of Right
				of Way and Access Management (Division) shall conduct all initial appeals of
				Department relocation determinations. The Division shall also conduct initial
				appeals on behalf of an LPA when an LPA is unable to do so.
(g) Within 60 days 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.
(h) If the matter is not resolved to the
				person's satisfaction at the initial appeal conducted by the Department or the
				LPA, the displaced person may request an in-person review by writing to:
Director of Right of Way & Access Management
New Jersey Department of Transportation
PO Box 600
Trenton, New Jersey 08625-0600
(i) If the relief requested is not granted
				during the final appeal to the Department, the Division shall advise the person
				of his or her opportunity to request a contested case before the Office of
				Administrative Law, conducted pursuant to the Administrative Procedure Act,
				N.J.S.A.
				52:14B-1 et seq., and 52:14F-1 et seq., and
				the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.