Relocation appeal

Adm 92.18 Relocation appeal. A displaced person, or one claiming to be displaced, may file a complaint for review by the department under this subsection. (1) General. An agency shall inform a displaced person before displacement of the person’s right of appeal under local and state procedures. A displaced person shall be assured of the following: (a) A right to be represented in an appeal by a personal representative; (b) A right to inspect and photocopy a file, record, regulation or operating procedure of an agency or the department pertinent to an appeal; (c) A right to have a written complaint, in any form, reviewed and acted on; (d) A right to prompt consideration of a complaint and a written reply from an agency or the department explaining a determination; (e) A displaced person who appeals may not be removed from an acquired property until an agency issues a written determination on an appeal unless the agency provides written notice to the department that an occupant may be required to move before such determination may be issued. (f) Filing a complaint under local or state appeal procedure is not a condition precedent to the filing of a claim and commencement of a legal action under s. 32.20, Stats. (2) Appeal to displacing agency. An agency shall establish an internal appeal procedure to resolve a relocation complaint. The procedure shall assure the following minimum requirements: (a) An agency shall promptly notify a displaced person not satisfied with a relocation payment or service on how to appeal; (b) An appeal procedure shall provide for resolution of a complaint at an intermediate level within an agency, or an appeal to the agency head or designee, as a final step in resolving a complaint; (c) An agency shall give a displaced person an opportunity to be heard and shall assist in filing a complaint; (d) An agency’s determination on a complaint shall be conveyed to a displaced person in writing within 30 days after receipt; (e) An agency shall inform a person who has filed a complaint, regarding a right to appeal to the department under sub. (3), when a complaint cannot be resolved internally. (3) Appeal to department. A displaced person may file an appeal to the department. The department shall: (a) Receive and consider all relocation complaints filed under this chapter; (b) Provide a written notice to the displacing agency within five working days of receipt of a complaint, including a copy of the complaint; (c) Request that an agency or a displaced person provide materials or documentation pertinent to a complaint and shall specify a time to provide the materials; (d) Promptly notify the parties of a dispute when the department determines that a complaint is unreasonable, including the reasons; (e) Schedule an informal meeting with the parties when necessary to resolve a dispute. The meeting shall be scheduled as soon as practicable and be held in the county where displacement occurred or another mutually agreed location; (f) Provide a written determination when necessary to resolve a dispute; (g) Notify the parties within 90 days after an informal meeting when an acceptable solution cannot be negotiated. History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.