R920-4-15. Appeal

  (1) An Applicant may appeal the following determinations of a Region Permit Officer:

  (a) Any denial of a Special Event Permit;

  (b) A denial of a deviation request as described in Rule R920-4-5(3)(b);

  (c) A determination that a proposed Special Road Use is not a Free Speech Road Use or Short-Notice Free Speech Road Use; and

  (d) Any time, place, or manner restriction placed on a Special Event Permit for a Free Speech Road Use that the Applicant believes is unreasonable or illegal.

  (2) The following process shall be used for an appeal:

  (a) An Applicant may appeal the determinations described in subsection (1) decision to the Department's Program Development Director,

  (b) Any appeal to the Department's Program Development Director shall be in writing and shall include:

  (i) A statement of the basis for the objection,

  (ii) Any supporting documents to be used in the appeal, and

  (iii) A copy of any written decision issued by the Region Permit Officer.

  (c) The Department's Program Development Director shall make a decision on appeal, based on the written submissions of the Applicant, and the Department's file.

  (d) The Department's Program Development Director shall concur with, modify, or overrule the decision of the Region Permit Officer. The decision shall be in writing and shall explain the reasons for the decision.

  (3) Appeals shall be resolved within the following timelines:

  (a) For appeals brought under subsections (1)(c) or (d), the Department's Program Development Director shall issue a decision as soon as reasonably practicable, but no later than three business days after the Department's Program Development Director receives the written appeal.

  (b) For all other appeals, the Department's Program Development Director shall issue a decision no later than 14 days prior to the planned date of the Special Road Use, or within 30 days after the appeal has been lodged, whichever is later.