Virginia Administrative Code › Title 24 - TRANSPORTATION AND MOTOR VEHICLES › Agency 30 - DEPARTMENT OF TRANSPORTATION › Chapter 41 - RULES AND REGULATIONS GOVERNING RELOCATION ASSISTANCE › Part I - General Provisions and Administration of Program › Section 24VAC30-41-90 - Appeals

Current through Register Vol. 40, No. 24, July 15, 2024
A. It is
				  anticipated that from time to time persons affected by VDOT's relocation
				  program will be dissatisfied with VDOT's determination as to their eligibility
				  or with the amount of payments or services offered. It is the policy of VDOT to
				  provide an opportunity to all persons to have their dissatisfactions heard and
				  considered on an administrative level, without the expense, delay or
				  inconvenience of court adjudication. VDOT's appeal procedure is promulgated to
				  all potentially interested persons through the right of way brochure
				  distributed at public hearings and provided to all displacees.
Persons making the appeal may be represented by legal
					 counsel or any other representative at their expense. However, professional
					 representation is not necessary for an appeal to be heard. The appellant will
					 be permitted to inspect and copy all materials relevant to the matter appealed,
					 except materials which are classified as confidential by VDOT or where
					 disclosure is prohibited by law.
The appeal process consists of two levels. An interim
					 appeal is heard in the district office. If the appellant is not satisfied on
					 completion of the interim appeal, a final appeal may be addressed to the
					 Commissioner of Highways.
B. Interim appeal. When displacees are
				  dissatisfied with VDOT's determination of eligibility, or the amount offered
				  under the relocation assistance and payments statutes, they may appeal in
				  writing. The appeal must be submitted to the district manager within 90 days
				  after receipt of VDOT's written determination. The district manager will
				  schedule an informal hearing. A decision will be made following the hearing. A
				  written copy of the decision, also stating the basis for the decision, will be
				  provided to the appellant. A copy of such decision, along with all pertinent
				  information involving the case, is to be submitted to the director of the right
				  of way and utilities division. The central office relocation manager, or a
				  designated representative, will be present at all interim appeals to provide
				  technical program advice.
C. Final
				  appeal. Upon notification of the district manager's decision, if the displacee
				  is still dissatisfied, an appeal in writing may be submitted to the
				  Commissioner of Highways within 10 days. Upon receipt by the commissioner, the
				  appeal will be referred to a review board consisting of the director of the
				  right of way and utilities division or a designated representative as chairman,
				  a district manager selected by the chairman and not functioning in the area
				  where the displacee resides, and a district administrator or a designated
				  representative. The district administrator serving on this board will be the
				  one functioning in the area where the appellant resides. Legal counsel for VDOT
				  may also be present. The review board will schedule a hearing at a time and
				  place reasonably convenient to the appellant. At the hearing all parties will
				  be afforded an opportunity to express their respective positions and submit any
				  supporting information or documents. A Court Reporter will be present to record
				  and provide a transcript of all information presented at the hearing. Upon
				  conclusion of the hearing, the review board will furnish the commissioner a
				  written report of its findings. The commissioner or a designated representative
				  will review the report and render a decision, which shall be final. The
				  appellant and his attorney, if applicable, will be advised of the decision in
				  writing, by certified mail, and will be provided a summary of the basis for the
				  board's decision. If the full relief requested is not granted, the displacee
				  shall be advised of the right to seek judicial review, which must be filed with
				  the court within 30 days after receipt of the final appeal
				  determination.
Statutory Authority
§ 33.1-12 of the Code of Virginia.