Illinois Administrative Code › Title 92 - TRANSPORTATION › Part 518 - RELOCATION ASSISTANCE SERVICES AND PAYMENTS PROGRAM FOR STATE HIGHWAY PROJECTS › Section 518.40 - Review Procedures

Current through Register Vol. 48, No. 28, July 12, 2024
Any aggrieved person may file a written request for review with
				the Regional Engineer in any case in which the person believes that the
				District has failed to properly consider his/her eligibility for relocation
				assistance advisory services or payments, or the amount of a payment required
				under this Part.
a) If relocation
			 assistance advisory services, payments, or the amount of the payment is denied,
			 in whole or in part, the District will notify the aggrieved person in writing
			 of the denial or revised amount of the claim, including the basis for the
			 District's determination. The written notification will also inform the person
			 of his/her right to request a review of the determination by the Regional
			 Engineer and will include the procedures to be followed when requesting a
			 review.
b) An aggrieved person may
			 file a written request for review within 90 calendar days after receipt of
			 written notification of the District's determination. The request for review
			 shall be filed with the Regional Engineer at the address provided in the
			 written notification. If the aggrieved person does not file a request for
			 review within 90 calendar days after receipt of written notification of the
			 District's determination, the aggrieved person shall be deemed to have waived
			 his/her opportunity to file a request for review. In that case, the
			 determination will stand and the Division will take appropriate action to
			 implement the determination and/or process the approved amount of the claim, if
			 any, for payment. A written request for review will be considered regardless of
			 form.
1) Upon receipt of the request for
			 review, the Regional Engineer will assign a date and place for the review
			 meeting. Written notification of the date and place will be provided to the
			 aggrieved person by certified mail, return receipt requested, at least 10 days
			 prior to the scheduled date for review. The Regional Engineer cannot have been
			 directly involved in the actions being reviewed.
2) Prior to the review, the aggrieved person
			 will be permitted to inspect and copy all materials pertinent to his/her
			 review, except materials that are classified as confidential.
3) The aggrieved person, or a representative,
			 will be afforded a full opportunity to be heard and to present information or
			 documentation in support of his/her position. Representation by another person
			 will be at the sole expense of the aggrieved person.
4) The Regional Engineer will render a
			 decision based upon the facts presented and the law. Written notification of
			 the decision will be sent by certified mail, return receipt requested, within
			 30 calendar days after the date of the review.
5) If the Regional Engineer's decision
			 upholds the denial of eligibility for relocation assistance advisory services
			 or payments, in whole or in part, the written notification will detail the
			 reasons supporting the denial and will also advise the aggrieved person of
			 his/her right, if dissatisfied with the decision, to request a final review by
			 the Director. If the aggrieved person does not request a final review within 30
			 calendar days after written notification of the decision, the aggrieved person
			 shall be deemed to have waived his/her opportunity to file a request for a
			 final review. In that case, the Regional Engineer's decision will stand and the
			 District will take appropriate action to implement the decision and/or process
			 the approved amount of the claim, if any, for payment.