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APPEALS PROCESSThe Administrative Appeals Process (33 CFR 331) establishes policy and procedures to be used for the administrative appeal of approved jurisdictional determinations (JDs), permit applications denied with prejudice, and declined permits. The appeal process allows the affected party to pursue an administrative appeal of certain U.S. Army Corps of Engineers (Corps) decisions with which they disagree. It is the policy of the Corps to promote and maintain an administrative appeal process that is independent, objective, fair, prompt, and efficient. The affected party must submit a Request for Appeal (RFA) form to the appropriate division office within 60 days of the date of a Notice of Appeal Process fact sheet. A RFA is the affected party's official request to initiate the appeal process. The RFA must include the name of the affected party, the Corps action number, the reason(s) for the appeal, and any supporting data and information. No new information may be submitted. A grant of right of entry for the Corps to the project site is a condition of the RFA to allow the Review Officer to clarify elements of the record or to conduct field tests or sampling for purposes directly related to the appeal. For appeals of decisions related to unauthorized activities a signed tolling agreement, as required by 33 CFR 326.3(e)(1)(v), must be included with the RFA, unless a signed tolling agreement has previously been furnished to the Corps district office. If you have questions regarding the appeal process you may also contact: DIVISION ENGINEER
Last updated: December 21, 2010 U.S. Army Corps of Engineers, Albuquerque District, Regulatory Branch
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