Current through September 2, 2024
Section 39.03.42.002 - ADMINISTRATIVE APPEAL01.Commencement. Applicants may appeal denied permits, or permits granted with conditions that the applicant believes to be unreasonable, in writing to the Department's District Engineer within thirty (30) days of receipt of written notification of the denial or grant of the permit. The appeal process commences on the date the Department's District office receives written notification of appeal from the applicant.02.Process Hold. If at any time during the appeal process it is determined that insufficient documentation was submitted with the appeal, all parties will be notified that the appeal process is placed on hold until the necessary documentation is supplied.03.Appeal Process. The District will have thirty (30) working days to review the appeal. If the District Engineer does not rule on the appeal within the thirty (30) day period, the denial of the permit will be deemed overturned and the permit will be issued, or the contested permit conditions stricken. Notice of the decision of the District Engineer will be issued by certified mail within seven (7) days of the ruling. Otherwise, if the District Engineer does not overturn the original denial or strike the contested provisions from the permit, upon receipt of a written request from the applicant within twenty-one (21) days of the date of the denial of the appeal, it will be forwarded to the Department's legal section to initiate an appeal to the Idaho Transportation Board. The appeal will be processed in accordance with the Idaho Administrative Procedure Act and IDAPA 04.11.01, "Idaho Rules of Administrative Procedure of the Attorney General."Idaho Admin. Code r. 39.03.42.002