Wis. Admin. Code Department of Administration Adm 92.18

Current through September 30, 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.