South Pacific Division

Administrative Appeal Process

HOW THE PROCESS WORKS:

ADMINISTRATIVE APPEALS OF CORPS OF ENGINEERS REGULATORY PROGRAM DECISIONS 

The Corps of Engineers has an administrative appeal process whereby applicants and landowners may appeal decisions made by a Corps District Office.  Appealable decisions include denied individual permits, issued individual permits with special conditions are unacceptable to the applicant, and approved  jurisdictional determinations.  The request for an appeal of such decisions is submitted to the Corps Division office and must be received by the Division within 60 days of the date of the appealable decision.  A site visit, an appeal conference, or a meeting may be conducted during the appeal process.  A decision on the merits of the appeal is based on a review of the administrative record and is normally made in 90 days.  If the Division determines that the appeal has merit,  the Division will remand the decision to the District with instructions to correct a procedural error and/or further document the District's decision.  For questions on the Administrative Appeals Process please contact South Pacific Division Administrative Appeal Review Officer Tom Cavanaugh Via E-Mail, or telephone number 415-503-6574

This page contains a link to the Table of Appeals.  The Table of Appeals provides information on previous appeal decisions or the status of pending appeals. An appeal decision of the division engineer is applicable only to the instant appeal, and has no other precedential effect.  See 33 CFR 331.7(g) for more information.

Table of Appeals

Below are a series of informational videos designed to educate potential appellants on the Regulatory Appeal process. These videos will help an appellant quickly understand what the appeal program is and what information is needed for the review of a request for appeal.

4-Correct Forms and Timelines 5-After Receiving the Request 6-Final Appeal Decision

This page also contains links to additional information on the appeal process, including the regulations, forms, flow charts, and other Division administrative appeal WebPages.

A copy of Adobe Acrobat Reader Software is required to view/ print any of these files:
March 28, 2000 Federal Register Final Rule for Appeal Program

APPENDIX A -
Flowchart of the Administrative Appeal Process for Permit Denials and Proffered Permits

APPENDIX B - Flowchart for Applicant Options with Initial Proffered Permit

APPENDIX C - Flowchart of the Administrative Appeal Process for Approved Jurisdictional Determinations

APPENDIX D - Flowchart Process for Unacceptable Request for Appeal

This information can be viewed without Adobe Acrobat Reader Software:

Administrative Appeals Process Web Site - Web based format of the above information

 Division Links  - Links to other Division

General appeal program information on this page  last updated March 9, 2007.  Table of appeals information last updated on date listed at top of Table of Appeals.

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