(a) The provisions included in this section shall apply to all displaced persons who express dissatisfaction with the determination of the New York State Department of Transportation (the department) of eligibility or reimbursement for moving expenses, replacement housing payments or other incidental and/or litigation costs connected with the property owner's conveyance of title of the acquired property to the State. At the request of the displaced person, the department shall permit the person to inspect and copy all material pertinent to that person's appeal, except that materials which are classified as confidential, shall be subject to such reasonable conditions as the department may impose.

(b) If the displaced person is not satisfied with the department's determination, the person may, within 18 months of vacating or six months after final award, request an informal conference to contest the determination. Upon request, such a conference shall be scheduled in the department's regional office and conducted by the department's regional real estate supervisor. The displaced person may have representation at such conference. After all relevant information has been analyzed, the department's regional real estate supervisor shall promptly notify the displaced person of the decision in writing. The written notice shall include an adequate explanation of the claim and describe how the decision is supported.

(c) In the event the displaced person is not satisfied with the results achieved at the department's regional level, an appeal to the director of the department's main office real estate (the director) may be taken within 60 days of the written notice referred to in subdivision (b) of this section. The director shall then make an independent determination according to the data submitted by the displaced person and the department's regional real estate supervisor. The determination of the director shall be made in writing to the displaced person, or representative, and shall include an explanation of how it is supported.

(d) In the event the displaced person is not satisfied with the results achieved at the level of the director, a written request for a formal hearing must be made to said director within 60 days of receiving the director's decision. A formal hearing will be conducted by a hearing officer designated by the commissioner of the department (the commissioner or the Commissioner of Transportation), to be held at a time and place to be determined by the hearing officer. Minutes of the proceedings shall be taken. Based upon all of the evidence produced at the hearing, the hearing officer shall make a recommendation to the commissioner who shall then make a final determination regarding the claim. If the matter is still contested, the displaced person may then seek appropriate judicial review.

(e) In addition to the provisions of this section, the Commissioner of Transportation adopts section 24.10 of title 49 of the Code of Federal Regulations with the same force and effect as though herein fully set forth at length.