New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 41F - VEGETATION CANOPY MANAGEMENT
Subchapter 5 - PRE-APPLICATION
Section 16:41F-5.4 - Appeal of a determination that a VCM Plan would be denied

1. The applicant shall submit a written request for reconsideration to the Director of Capital Program Support at the address provided by the Department within 30 days of a notice from the Department. The request shall include reasons for the appeal.

2. Within 10 days of receipt of the reconsideration request, the Director of Capital Program Support shall schedule a meeting with the appellant and the Bureau of Landscape Architecture and Environmental Solutions, which shall take place within 30 days thereafter. The meeting will provide the appellant with an opportunity to present additional information in furtherance of the appeal.

3. The Director of Capital Program Support shall render a decision in writing within 15 days of the meeting and shall so notify the appellant. If the appellant does not agree with the decision of the Director of Capital Program Support, the appellant may submit a further appeal to the Assistant Commissioner of Capital Program Management within 15 days.

4. The Assistant Commissioner of Capital Program Management shall schedule an informal hearing within 10 days of receipt of the appeal. The Assistant Commissioner of Capital Program Management shall conduct the hearing. At the hearing, the appellant shall have an opportunity to present additional information.

5. In reaching the final agency decision, the Assistant Commissioner of Capital Program Management shall consider all of the information previously provided and the additional information presented at the hearing, as well as the provisions of this chapter and the public's right and interest in a safe and efficient highway system. The Assistant Commissioner of Capital Program Management shall render the final agency decision, with reasons, within 10 days of the informal hearing and shall notify the appellant in writing.