Rule 672-16-.05 - Appeal Process(a) Any railroad aggrieved by an order of a local governing authority in accordance with a crossing on a local road may request a review by the GDOT in accordance with O.C.G.A. 32-6-193.1(c)(3). 1. The railroad shall submit an appeal to the GDOT, Railroad Crossing Program Manager, 935 E. Confederate Avenue, Building 24, Atlanta, Georgia 30316 by certified mail or statutory overnight delivery within thirty (30) days from the date of the Order issued by the local governing authority.2. Along with the letter of appeal, the railroad shall include a copy of all correspondence with the local governing authority, a copy of the Order issued by the local governing authority and filing fee in the form of a check in the amount of $500.00, made payable to the Georgia Department of Transportation. The filing fee shall be applied towards the investigation of the appeal in accordance with O.C.G.A. 32-6-193.1, sub-section (c)(3)(D).3. At the request of the GDOT, the local governing authority who issued the original order shall provide copies of those documents outlined in section 672-16-.03, sub-section (b) of this document along with those documents outlined in section 672-16-.04 of this document.4. The GDOT shall have sixty (60) days to review the appeal and make a determination as to whether or not the original order of the local governing authority shall be upheld or overturned.(b) Any railroad aggrieved by an order of the GDOT in accordance with a crossing on a state route may request a review in accordance with O.C.G.A. 32-6-193.1(c)(3). 1. The railroad shall submit an appeal to the GDOT, Railroad Crossing Program Manager, 935 E. Confederate Avenue, Building 24, Atlanta, Georgia 30316 by certified mail or statutory overnight delivery within thirty (30) days from the date of the Order issued by the GDOT. Along with the letter of appeal, the railroad shall include a copy of all correspondence with the GDOT, a copy of the Order issued by the GDOT and filing fee in the form of a check in the amount of $500.00, made payable to the Georgia Department of Transportation.2. The GDOT shall forward such appeals directly to the Office of State Administrative Hearings for their review and judgment.Ga. Comp. R. & Regs. R. 672-16-.05
O.C.G.A. Secs. 32-2-2, 32-6-193.1, 50-13-4, 50-13-6.
Original Rule entitled "Appeal Process" adopted. F. Nov. 13, 2003; eff. Dec. 3, 2003.