Section 9.9 Appeals

Grant Administration: Section 9.9 Appeals

The grantee must develop an appeals procedure.

Appeals
Grantees must promptly review all appeals in accordance with the requirements of applicable laws and the URA. Grantees must develop written procedures to resolve disputes relating to their acquisition, relocation, and demolition activities. These written procedures must be communicated to all potentially affected parties prior to the initiation of negotiations. 49 CFR 24.10(e)(f)(g)(h)

Who May Appeal
Any person, family, or business directly affected by the acquisition and/or relocation activities undertaken by a grantee may appeal. All appeals must be in writing and must be directed to the Authorized Official of the grantee and the highest official of the administering agency undertaking the acquisition, relocation or demolition activity. A protestor must exhaust all administrative remedies as outlined in the grantee’s written procedures prior to pursuing judicial review.

Basis for Appeals
Any person, family, or business that feels that the grantee failed to properly consider his or her written request for financial or other assistance must file a written appeal with the agency personnel identified within 60 days of the date of receipt of the administering agency’s written determination denying assistance.

Review of Appeals
The grantee shall designate a Review Officer to hear the appeal. The administrative officer of the municipality or his/her designee provided neither was directly involved in the activity for which the appeal was filed. The grantee 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.

Promptly after receipt of all information submitted by a person in support of an appeal, the grantee shall make a written determination on the appeal, including an explanation of the basis on which the decision was made and notify the person appealing a grantee’s decision.
If the appeal is denied, the grantee must advise the person of his or her right to seek judicial review of the grantee’s decision.

Attachment 4-15: Sample Grievance Procedures contains sample procedures that can be used by the grantee to address potential complaints or appeals for decisions about URA and related laws. See Chapter 4: Grantee Requirements.