Washington Administrative Code › Title 468 - Transportation, Department of (See Title 88) › Chapter 468-100 - Uniform relocation assistance and real property acquisition › Subpart A - GENERAL › Section 468-100-010 - Appeals

Current through Register Vol. 24-14, July 15, 2024
The displacing agency shall promptly review appeals in
				  accordance with the requirements of applicable law and this chapter.
(1)
Actions which may be appealed:
A person may file written notice of an appeal with the displacing agency
				in any case in which the person believes that the agency has failed to properly
				determine the person's eligibility for, or the amount of, a payment required
				under WAC
				468-100-105 or
				RCW
				 8.26.200, or a relocation payment required
				under this chapter.
(2)
Limitations:
A person is entitled to only such benefits as are
				specifically delineated in this chapter.
(3)
Form of notice:
The
				displacing agency shall consider a written appeal regardless of form. The
				appeal notice or letter should state what issues are being claimed, the reasons
				why the aggrieved person believes the claim should be allowed, and how the
				person believes he or she is otherwise aggrieved. The letter or notice should
				clearly identify the displacing agency's project and parcel of real property
				involved and should bear the signature and address of the aggrieved person or
				the person's authorized representative. The displacing agency may refuse to
				schedule any review or hearing on an appeal until these requirements have been
				complied with or may issue an order providing for dismissal of such appeal upon
				failure to comply within a reasonable time specified by the agency.
(4)
Time limit for initiating appeal:
The time limit shall be sixty days after the person receives written
				notification of the agency's determination on the person's claim.
(5)
Review of files by person making
				appeal:
The displacing agency shall permit a person to inspect and copy
				all materials pertinent to the person's appeal, except materials which are
				classified as confidential by the agency. The agency may, however, impose
				reasonable conditions on the person's right to inspect, consistent with
				applicable laws.
(6)
Hearing
				process:
Except as they may be inconsistent with the rules of this
				chapter, the department of transportation adopts the practice and procedure
				rules as set forth in chapter 468-10 WAC for appeals under this chapter. Where
				the rules of this chapter conflict with those of chapter 468-10 or 10-08 WAC,
				the rules of this chapter shall govern.
(7)
Discovery:
Discovery will be
				available in relocation appeals as follows: Any party to a relocation appeal
				may obtain discovery from any party by written interrogatories, written
				admissions, oral depositions, subpoena duces tecums, and written requests for
				production of documents. The procedures regarding these methods of discovery
				are found at CR 28 through 36 and 45(b) as now or hereafter amended and are
				hereby incorporated in this section.
Statutory Authority: Chapter 8.26 RCW. 06-02-068, §
					 468-100-010, filed 1/3/06, effective 2/3/06. Statutory Authority:
					 RCW
					  47.01.101(5) and
					 chapter
					 34.05 RCW. 94-14-102
					 (Order 146), § 468-100-010, filed 7/6/94, effective 8/6/94. Statutory
					 Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-010, filed
					 8/14/89, effective 9/14/89.