| (a) A protesting party who is not satisfied with the
determination of the Responsible Individual may appeal the determination
to the Commissioner or, upon the Commissioner's delegation, to the
Deputy Commissioner. The appeal must be submitted in writing and received
by the Commissioner's office no later than ten working days after
the date of the Responsible Individual's determination. If an appeal
is not timely submitted as provided under this subsection, the written
determination of the Responsible Individual is the final administrative
action of the Department.
(b) Upon receipt of a timely appeal that conforms with
the requirements of this subchapter, the Commissioner or Deputy Commissioner
may designate an employee of the Department to review the protest,
the determination made by the Responsible Individual, and the appeal
of the Responsible Individual's determination. The designee will prepare
and submit to the Commissioner or Deputy Commissioner a written recommendation
regarding the appeal within five working days of the designation.
(c) In making a final determination, the Commissioner
or Deputy Commissioner will consider only the written determination
of the Responsible Individual, those materials or pleadings submitted
to the Responsible Individual, and, if applicable, the written recommendation
made by a designated employee. No further arguments, authorities,
documents, or pleadings shall be filed with the Commissioner or Deputy
Commissioner.
(d) The Commissioner or Deputy Commissioner will issue
a final written determination of the appeal, denying or sustaining
the protest, in whole or in part, which shall be the final administrative
action of the Department.
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