Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 151 - LAND USE PERMIT REGULATIONS › Part II - Authority › Section 24VAC30-151-100 - Appeal

Current through Register Vol. 40, No. 24, July 15, 2024
The district administrator is authorized to consider and
					 rule on unresolved differences of opinion between the applicant or permittee
					 and the district administrator's designee that pertain to the interpretation
					 and application of the requirements of this chapter as they relate to single
					 use permits within nonlimited access highways.
To initiate an appeal with the district administrator, the
					 applicant or permittee must provide the district administrator and the district
					 administrator's designee with a written request for such action within 30
					 calendar days of receipt of written notification of denial or revocation and
					 must set forth the grounds for the appeal. The written request shall describe
					 any unresolved issue or issues. After reviewing all pertinent information, the
					 district administrator will advise the applicant or permittee in writing within
					 60 calendar days upon receipt of the appeal regarding the decision of the
					 appeal, with a copy to the district administrator's designee. The applicant or
					 permittee may further appeal the district administrator's decision to the
					 Commissioner of Highways. All correspondence requesting an appeal should
					 include copies of all prior correspondence regarding the issue or issues with
					 VDOT representatives.
The central office division administrator responsible for
					 overseeing the statewide land use permit program is authorized to consider and
					 rule on unresolved differences of opinion that pertain to the interpretation
					 and application of the requirements of this chapter as they relate to
					 districtwide permits. To initiate an appeal, the applicant or permittee must
					 provide the division administrator with a written request for such action
					 within 30 calendar days of receipt of written notification of denial or
					 revocation and must set forth the grounds for the appeal. The written request
					 shall describe any unresolved issue or issues. After reviewing all pertinent
					 information, the division administrator will advise the applicant or permittee
					 in writing within 60 calendar days upon receipt of the appeal regarding the
					 decision of the appeal. The applicant or permittee may further appeal the
					 division administrator's decision to the Commissioner of Highways. All
					 correspondence requesting an appeal should include copies of all prior
					 correspondence regarding the issue or issues with VDOT representatives.
Appeals involving permit requests within limited access
					 rights-of-way and appeals of decisions of the district administrator and the
					 division administrator shall be made to the Commissioner of Highways for
					 resolution. To initiate an appeal, the applicant or permittee must provide the
					 Commissioner of Highways with a written request for such action within 30
					 calendar days of receipt of written notification of denial or revocation and
					 must set forth the grounds for the appeal. The written request shall describe
					 any unresolved issue or issues. After reviewing all pertinent information, the
					 Commissioner of Highways will advise the applicant or permittee in writing
					 within 60 calendar days upon receipt of the appeal regarding the decision of
					 the appeal.
Statutory Authority
§ 33.1-12 of the Code of
						Virginia.