Wis. Admin. Code Adm § 92.18

Current through May 28, 2024

Section 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.

Wis. Admin. Code Department of Administration § Adm 92.18

Cr. Register, March, 1986, No. 363, eff. 4-1-86.