19A NCAC 02E .1108. APPEAL OF DECISION

(a)  Any applicant who is refused, or any participating attraction which has its contract terminated and signs removed, that believes the program is not being administered in accord with the rules in this Section, may appeal the decision of the Division Engineer to the Secretary of the Department of Transportation. The decision of the Secretary is final.

(b)  The applicant or participant shall notify the Division Engineer of his decision to appeal by certified mail, return receipt requested, within 10 days of the receipt of the decision.  

(c)  Within 20 days from the time of submitting his notice of appeal, the applicant or participant shall submit to the Secretary a written appeal setting forth with particularity the facts upon which its appeal is based. 

(d)  Within 30 days from the receipt of the written appeal or within such additional time as may be agreed to between the Secretary and the appealing party, the Secretary shall make an investigation of the appeal.  The Secretary shall then make findings of fact and conclusions pertaining to the appeal on behalf of the Department and the findings and conclusions shall be served upon the appealing party by certified mail, return receipt requested.

 

History Note:        Authority G.S. 136-89.56; 136-130; 136-140.15; 136-140.16; 136-140.17; 136-140.18; 136-140.19; 143B-346; 143B-348; 143B-350(f);

Temporary Adoption Eff. January 1, 2003;

Eff. August 1, 2004.