Section 206.159. Appeals.

(1) A person may appeal a denial of an application for certification submitted under these rules or a revocation issued under R 206.158. If the appeal involves a historic preservation certification application prescribed by the national park service, then the appellant shall follow the procedures set forth in 36 C.F.R. section

67.10. If  the   appeal involves  a  historic  preservation   certification  application,  letter of declaration prescribed by the Michigan historical center, or a revocation issued under R 206.158, then the appellant shall follow the  procedures prescribed in this rule.

(2)   To file an appeal under this rule, an appellant shall submit a written appeal that specifically states the word appeal and identifies the reason or reasons for reversal of the denial. For an appeal to be considered, the appellant shall file the appeal within 60 days of the appellant's receipt of the decision that is the subject of the appeal. The appeal shall be addressed to the Chief Appeals Officer, Michigan Historical Center, Michigan Department of State, 717 W. Allegan Street,  Lansing,  MI  48918-1800.  All information, records, and other materials that the appellant wants considered shall accompany the written appeal.

(3)  The chief appeals officer shall contact the center and obtain a copy of the center's official file on the application at issue. The officer shall consider all of the following, but shall not conduct a hearing:

(a)   The center's file.

(b)   All written submissions from the appellant.

(c)   All pertinent standards and guidelines affecting the historic resource.

(d)  Any other available information.

(4)   Within 60 days, the officer shall prepare a written decision and shall furnish a copy of the decision to the appellant and the center. An appeal constitutes an administrative review of the denial and is not conducted as  a contested case proceeding.

(5)   When considering an appeal, the chief appeals officer shall assess alleged errors in professional judgment and other alleged prejudicial errors of fact or law. The officer may base a decision in whole or in  part   on matters or factors not addressed in the appealed decision.  When rendering a decision, the officer may do 1 of the following:

(a)   ) Reverse the appealed decision.

(b)   Affirm the appealed decision.

(c)   ) Resubmit the matter for further consideration.

(6)   The decision of the chief appeals officer is the final decision on the appeal. A person may not be deemed to  have  exhausted   his  or  her administrative remedies with respect to the certifications governed by these rules until the chief appeals officer has  issued  a final  administrative decision under these rules.

History: 1998 - 2000 AACS.