Ariz. Admin. Code § 8-3-117

Current through Register Vol. 30, No. 50, December 13, 2024

Section R8-3-117 - Appeals

A. The following applicants may appeal a decision by the Department:

1. An applicant that is denied MIF funding,

2. An applicant that is awarded MIF funding for a military installation preservation and enhancement project but the amount awarded is less than the amount recommended by AMAC, and

3. A property owner that disagrees with the fair market value determined for the property.

B. To appeal a decision made by the Department, the affected person (Appellant) shall submit a letter to the Adjutant General within 30 days of the date printed on the written decision issued under R8-3-116(B). The appellant shall ensure that the letter clearly states the legal or factual basis for the appeal.

C. If an appeal is about the fair market value of property and the Adjutant General determines that assistance regarding the fair market value of the property will be useful, the Adjutant General shall ask the Land Department Board of Appeals for an opinion regarding the fair market value of the property.

D. The Adjutant General shall review the substance of the appeal, make a final decision, and respond in writing by mail to the appellant, within 30 days. If the Adjutant General consults the Land Department Board of Appeals during the review under subsection (C), the final decision shall be rendered and written notice provided to the appellant within 60 days. after receiving the appeal letter or within 30 days after receiving an opinion from the Land Department Board of Appeals whichever is earlier.

E. If the appellant disagrees with the decision made by the Adjutant General, the appellant may submit in writing a request for a hearing, which shall be scheduled and heard in accordance with A.R.S. Title 41, Chapter 6, Article 10.

Ariz. Admin. Code § R8-3-117

New Section R8-3-117 renumbered from R8-3-114 and amended by final rulemaking at 19 A.A.R. 588, effective March 5, 2013 (Supp. 13-1).