New Jersey Administrative Code
Title 16 - TRANSPORTATION
Chapter 6 - RELOCATION ASSISTANCE
Subchapter 4 - APPEALS
Section 16:6-4.1 - Appeal of agency determination
Current through Register Vol. 55, No. 48, December 18, 2023
(a) Any displaced person may file a written appeal with the agency conducting the relocation in any case in which the person believes that the agency has failed to properly consider the person's application for assistance under this chapter. Such assistance may include, but is not limited to, the person's eligibility for, or the amount of, a relocation payment.
(b) The written appeal must be submitted to the agency conducting the relocation within 90 days after the displaced person receives written notification of the agency's determination on the displaced person's claim.
(c) In deciding an appeal, the agency 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.
(d) A person has the right to be represented by legal counsel or other representative in connection with the appeal, but solely at the person's own expense. The person shall be permitted to inspect and request copies of all materials pertinent to the appeal, except materials that are classified as privileged by the agency. The agency may impose reasonable conditions on the person's right to inspect, consistent with applicable laws. Copying fees shall be in accordance with N.J.S.A. 47:1A-5 and copies will be provided upon full payment of the copying fees, by check or money order made payable to "New Jersey Department of Transportation."
(e) The LPA shall designate a person within its agency to hear any initial appeals of its relocation assistance determinations. In the event that the LPA is unable to provide a person with sufficient expertise, the LPA may request that the Department hear the initial appeal.
(f) The Division of Right of Way and Access Management (Division) shall conduct all initial appeals of Department relocation determinations. The Division shall also conduct initial appeals on behalf of an LPA when an LPA is unable to do so.
(g) Within 60 days after receipt of all information submitted by a person in support of an appeal, the agency shall make a written determination on the appeal, including an explanation of the basis on which the decision was made, and furnish the person a copy.
(h) If the matter is not resolved to the person's satisfaction at the initial appeal conducted by the Department or the LPA, the displaced person may request an in-person review by writing to:
Director of Right of Way & Access Management
New Jersey Department of Transportation
PO Box 600
Trenton, New Jersey 08625-0600
(i) If the relief requested is not granted during the final appeal to the Department, the Division shall advise the person of his or her opportunity to request a contested case before the Office of Administrative Law, conducted pursuant to the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
Adopted by 49 N.J.R. 1450(a), effective 6/5/2017