New York Codes, Rules and Regulations › Title 17 - DEPARTMENT OF TRANSPORTATION › Chapter IV - Highways › Subchapter A - Property Acquisition › Part 101 - Payments To An Owner Or Tenant Of Residential Property Or Commercial Property Upon Their Application For Allowance Of Moving Expenses In Vacating Property Acquired By The Commissioner Of Transportation, For Supplemental Relocation Payments, For Increased Interest Costs And For Closing Costs › Section 101.3 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The provisions
				  included in this section shall apply to all displaced persons who express
				  dissatisfaction with the determination of the New York State Department of
				  Transportation (the department) of eligibility or reimbursement for moving
				  expenses, replacement housing payments or other incidental and/or litigation
				  costs connected with the property owner's conveyance of title of the acquired
				  property to the State. At the request of the displaced person, the department
				  shall permit the person to inspect and copy all material pertinent to that
				  person's appeal, except that materials which are classified as confidential,
				  shall be subject to such reasonable conditions as the department may
				  impose.
(b) If the displaced person
				  is not satisfied with the department's determination, the person may, within 18
				  months of vacating or six months after final award, request an informal
				  conference to contest the determination. Upon request, such a conference shall
				  be scheduled in the department's regional office and conducted by the
				  department's regional real estate supervisor. The displaced person may have
				  representation at such conference. After all relevant information has been
				  analyzed, the department's regional real estate supervisor shall promptly
				  notify the displaced person of the decision in writing. The written notice
				  shall include an adequate explanation of the claim and describe how the
				  decision is supported.
(c) In the
				  event the displaced person is not satisfied with the results achieved at the
				  department's regional level, an appeal to the director of the department's main
				  office real estate (the director) may be taken within 60 days of the written
				  notice referred to in subdivision (b) of this section. The director shall then
				  make an independent determination according to the data submitted by the
				  displaced person and the department's regional real estate supervisor. The
				  determination of the director shall be made in writing to the displaced person,
				  or representative, and shall include an explanation of how it is
				  supported.
(d) In the event the
				  displaced person is not satisfied with the results achieved at the level of the
				  director, a written request for a formal hearing must be made to said director
				  within 60 days of receiving the director's decision. A formal hearing will be
				  conducted by a hearing officer designated by the commissioner of the department
				  (the commissioner or the Commissioner of Transportation), to be held at a time
				  and place to be determined by the hearing officer. Minutes of the proceedings
				  shall be taken. Based upon all of the evidence produced at the hearing, the
				  hearing officer shall make a recommendation to the commissioner who shall then
				  make a final determination regarding the claim. If the matter is still
				  contested, the displaced person may then seek appropriate judicial
				  review.
(e) In addition to the
				  provisions of this section, the Commissioner of Transportation adopts section 24.10 of title 49 of the Code of Federal Regulations with the same force and
				  effect as though herein fully set forth at length.