Arizona Administrative Code › Title 17 - TRANSPORTATION › Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS › Article 3 - RELOCATION ASSISTANCE › Section R17-3-302 - Relocation Assistance; 49 CFR 24, Subpart A - General

Current through Register Vol. 30, No. 28, July 12, 2024
A.
									49 CFR
				24.2,"Definitions and acronyms" is amended as
				follows:
"Agency" means the Arizona Department of
				  Transportation."
"Contribute materially" in paragraph (a)(7) is amended to
				  read:
The term"contribute materially" means that during the two
				  taxable years before the taxable year in which displacement occurs, a business
				  contributed at least 33 1/3% of the owner's or operator's average annual gross
				  income from all sources.
"Decent, safe, and sanitary dwelling" in paragraph (a)(8) is
				  amended to read:
The term decent, safe, and sanitary dwelling means a dwelling
				  that meets applicable housing and occupancy codes. However, any of the
				  following standards that are not met by an applicable code shall apply unless
				  waived for good cause by the federal agency or state agency funding the
				  project. The dwelling shall:
Be structurally sound, weathertight, and in good
				  repair;
Contain a safe electrical wiring system adequate for lighting
				  and other devices; and
Contain heating and cooling systems capable of sustaining a
				  healthful temperature for a displaced person, except in those areas where local
				  climatic conditions do not require such systems.
"Initiation of negotiations" has the same meaning as
				  prescribed in A.R.S. §
										28-7141.
"Notice of intent to acquire or notice of eligibility for
				  relocation assistance" as described in
				  49 CFR
				  24.203(d) and
				  49 CFR
				  24.203(b) means:
Written notice furnished to a person to be displaced that
				  establishes eligibility for relocation benefits before the initiation of
				  negotiations.
"Persons not displaced" in paragraph (a)(9)(ii)(A) is amended
				  to read:
A person who moves before the initiation of negotiations,
				  unless this requirement is waived by the Department due to a move necessitated
				  for reasons beyond the person's control.
"Program or project" in paragraph (a)(22) is amended to
				  read:
The phrase"program" or"project" means any displacing activity
				  or series of activities undertaken by the Department, related to construction
				  or reconstruction of a transportation facility, or a facility necessary for
				  maintaining a transportation facility.
"Salvage value" in paragraph (a)(23) is deleted.
"Uneconomic remnant" in paragraph (a)(27) is deleted.
"Uniform Act" in paragraph (a)(28) is amended to read:
The term"Uniform Act" means the Uniform Relocation Assistance
				  and Real Property Acquisition Policies Act of 1970, as amended (
				  42
				  U.S.C. 4601 et seq.).
"Utility facility" in paragraph (a)(31) is deleted.
"Utility relocation" in paragraph (a)(32) is deleted.
B.
									49 CFR 24.5
				"Manner of notices" is amended to read:
Each notice which the agency is required to provide to a
				  property owner or occupant under this part shall be personally served or sent
				  by certified or registered first-class mail, return receipt requested, and
				  documented in agency files. Each notice shall be written in plain,
				  understandable language. Persons who are unable to read and understand the
				  notice must be provided with appropriate translation and counseling. Each
				  notice shall indicate the name and telephone number of a person to contact for
				  answers to questions or other needed help.
C.
									49 CFR
				24.9 "Recordkeeping and reports" is amended
				to read:
Paragraph (a) Records. The agency shall maintain adequate
				  records of its acquisition and displacement activities in sufficient detail to
				  demonstrate compliance with this part. These records shall be retained for at
				  least three years after each owner of a property and each person displaced from
				  the property receives the final payment to which each owner of property is
				  entitled under this part, or in accordance with the applicable regulations of
				  the federal funding agency, whichever is later.
D.
									49 CFR
				24.10 "Appeals" is amended to read:
In addition to the provisions of A.R.S. §§
										41-1061
				  through
				  41-1067,
				  the following provisions apply:
1.
				Actions that may be appealed. A person who believes the Department has failed
				to properly determine the person's eligibility for, or the amount of, a
				relocation payment may file a written appeal. A person shall include all
				contested issues in one appeal.
2.
				Process. To appeal, a person shall submit a letter stating name and address and
				the reasons for disagreeing with the Department's decision to the Right-of-Way
				Group, Arizona Department of Transportation, 205 S. 17th Ave., MD 612E,
				Phoenix, AZ 85007-3212.
3. Time
				limit. The person shall file the written appeal within 60 days after receiving
				notice of the Department's determination on the person's claim. The date the
				appeal request is received begins the official time limit constraints, as
				prescribed in subsections (D)(4) and (8) of this Section. Filing the appeal
				does not extend any eligibility periods or a required date to vacate a
				property.
4. Hearing date. Within
				45 days of receipt of the appeal request, the Department shall set a mutually
				acceptable date for a hearing before a hearing officer.
5. Review of files. After making a written
				request to the Department at the address in subsection (D)(2) of this Section,
				the person may review and receive a copy of any non-confidential documentation
				contained in the Department's files regarding the person's appeal.
6. Scope of review. The Department shall
				consider and review the person's arguments, statements, and documents in
				support of the appeal, allowing reasonable latitude for the hearing of relevant
				material.
7. Right to
				representation. The person has a right to be represented by legal counsel or
				another representative in connection with the person's appeal, but solely at
				the person's own expense.
8.
				Determination. Within 30 days of the hearing, the hearing officer shall make a
				recommendation to the Chief Right-of-Way Agent. The Department shall promptly
				issue a written decision and provide a copy to the person by certified mail.
				The Department shall explain the basis on which its decision was made, and what
				relief, if any, is to be provided.
9. Judicial review. If the Department does
				not grant the relief requested, the Department shall advise the person of the
				right to seek judicial review.