Code of Massachusetts Regulations › 760 CMR - HOUSING AND LIVABLE COMMUNITIES, EXECUTIVE OFFICE OF › Title 760 CMR 27.00 - Relocation Assistance › Section 27.02 - Qualification of Relocation Advisory Agencies by the Bureau

Current through Register 1525, July 5, 2024
(1) General. No acquisition (as defined in M.G.L.
			 c. 79A, § 1) of real property or other covered activity which involves the
			 displacement of legal occupants shall occur until a relocation advisory agency has
			 been qualified by the Bureau to provide relocation assistance.
(2) Procedure for Qualification.
(a) At a reasonable time before either the
			 anticipated date of property acquisition or project commencement, the displacing
			 agency responsible for providing relocation assistance shall request that it be
			 qualified by the Bureau as a relocation advisory agency, or shall request that
			 another entity or person be qualified by the Bureau as a relocation advisory
			 agency.
(b) A displacing agency
			 requesting qualification of a relocation advisory agency for a particular project
			 shall provide the Bureau with information demonstrating that the proposed relocation
			 advisory agency has suitable staff capable of providing relocation assistance for a
			 particular project.
(c) In determining
			 whether a displacing agency or other entity or person(s) are qualified to be a
			 relocation advisory agency for a particular project, the Bureau shall consider work
			 experience and educational background of staff, the capacity of staff to provide the
			 necessary assistance in light of the anticipated complexity of the project, and any
			 other criteria which the Bureau may, from time to time, specify in standards for
			 qualification of relocation advisory agencies. All such standards shall directly
			 pertain to ensurance of high-quality relocation assistance.
(d) A displacing agency may request that it be
			 qualified by the Bureau as a relocation advisory agency for a specified period of
			 time, not to exceed three years, rather than for a particular project. Displacing
			 agencies that are qualified as relocation advisory agencies for a specified period
			 of time shall be deemed qualified for particular projects during the specified
			 period of time. The Bureau's qualification of a displacing agency for a specified
			 period of time may include the approval of alternative procedures to those specified
			 in
			 760 CMR 27.04(4)
			  (Administration of Relocation Payments). In order
			 for a displacing agency to be qualified as a relocation advisory agency for a
			 specified period of time, the Bureau must find that the displacing agency:
1. Is staffed with sufficient full-time employees
			 who are experienced in relocation and capable of providing effective relocation
			 assistance in a timely manner for all anticipated projects;
2. Is likely to undertake more than one covered
			 activity which results or will result in the displacement of legal
			 occupants.
3. Does not primarily rely on
			 relocation consultants to provide relocation assistance.
(e) If a qualified relocation advisory agency is
			 not providing adequate relocation assistance for a particular project or projects,
			 the Bureau may withdraw qualification of the relocation advisory agency for such
			 project or projects. Prior to withdrawing qualification, the Bureau shall provide
			 the displacing agency and the relocation advisory agency of written notice of the
			 material facts on which the Bureau relies, and allow reasonable opportunity for the
			 relocation advisory agency to take corrective action. If adequate corrective action
			 has not been taken within 60 days, then the Bureau may order the displacing agency
			 to cease all covered activities no less than 5 days from receipt of such order. Any
			 such order shall contain specification of the inadequacy of the relocation
			 assistance. If the displacing agency disputes that relocation assistance is
			 inadequate, it may request a hearing by the Department as to whether there is good
			 cause for withdrawing qualification of the relocation advisory agency. The hearing
			 shall be subject to the provisions of M.G.L. c. 30A. The Department shall promptly
			 conduct the hearing and shall promptly render its written decision. The Department
			 may permit covered activities to continue pending its written decision.