§ 24.10 - Appeals.

§ 24.10 Appeals.

(a) General. The Agency agency shall promptly review appeals in accordance with the requirements of applicable law and this part.

(b) Actions which may be appealed. Any aggrieved person may file a written appeal with the Agency agency in any case in which the person believes that the Agency agency has failed to properly consider the person's application for assistance under this part. Such assistance may include, but is not limited to, the person's eligibility for, or the amount of, a payment required under § 24.106 or § 24.107, or a relocation payment required under this part. The Agency agency shall consider a written appeal regardless of form.

(c) Time limit for initiating appeal. The Agency agency may set a reasonable time limit for a person to file an appeal. The time limit shall not be less than 60 days after the person receives written notification of the Agencyagency's determination on the person's claim.

(d) Right to representation. A person has a right to be represented by legal counsel or other representative in connection with his or her appeal, but solely at the person's own expense.

(e) Review of files by person making appeal. The Agency agency shall permit a person to inspect and copy all materials pertinent to his or her appeal, except materials which are classified as confidential by the Agencyagency. The Agency agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.

(f) Scope of review of appeal. In deciding an appeal, the Agency 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.

(g) Determination and notification after appeal. Promptly after receipt of all information submitted by a person in support of an appeal, the Agency 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. If the full relief requested is not granted, the Agency agency shall advise the person of his or her right to inform the person that the determination is the agency's final decision and that the person may seek judicial review of the Agency decisionagency's determination.

(h) Agency official to review appeal. The Agency agency official conducting the review of the appeal shall be either the head of the Agency agency or his or her authorized designee. However, the official shall not have been directly involved in the action appealed.