R916-7-3. Appealing Decisions of the Department

  1. A local jurisdictional authority may appeal the Department's decision to conduct highway work at night by filing a written appeal with the Department within 10 days of receiving a written notice of the Department's decision to perform work at night.

  2. The Department's Director for the Region in which the night work is to be performed will respond to the local jurisdictional authority's appeal in writing within 5 days of receiving the appeal, and may conduct an informal hearing prior to responding to the appeal.

  3. If the Department's Region Director denies the appeal, the local jurisdictional authority may appeal the Region Director's decision of the to the Department's Executive Director, in writing, within 10 days of the date of receiving the Region Director's denial.

  4. The Executive Director will respond in writing to an appeal within 5 days of receiving the appeal.

  5. The decision of the Executive Director shall be administratively final.