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Adm 92.06 Note Note: The pamphlets referred to in this section may be obtained from the department.
Adm 92.06(4) (4)Information from agencies without eminent domain power. An agency without the power of eminent domain undertaking a project where such power does not exist, shall provide the following notices and information:
Adm 92.06(4)(a) (a) A written notice cautioning the owner against removal of tenants shall be provided to the owner before initiation of negotiations.
Adm 92.06(4)(b) (b) A relocation informational pamphlet under sub. (3) (b) or (c) shall be provided to a tenant occupant who will be displaced as soon as feasible and no later than 7 days after an offer to purchase has been accepted and all contingencies removed, except for a relocation plan approval contingency.
Adm 92.06(5) (5)Written offer to purchase. An offer to purchase a property shall be in writing and shall establish the date of initiation of negotiations. However, the date of a verbal monetary offer to purchase authorized by the acquiring agency shall be considered as initiation of negotiations to establish eligibility for a relocation benefit.
Adm 92.06(6) (6)Written notice of replacement payment entitlement and occupancy term.
Adm 92.06(6)(a)(a) An agency shall provide a written notice to occupants indicating the differential replacement payment computation as specified under ss. Adm 92.68 to 92.88 for residential occupants and under ss. Adm 92.90 to 92.98 for business and farm occupants. The notice shall be provided within 90 days of an expected date of vacation or at the request of a displaced person, whichever is sooner.
Adm 92.06(6)(b) (b) An agency may not require an occupant of property acquired by an agency to move without at least a 90 day written notice of an intended vacation date.
Adm 92.06(7) (7)Information on relocation claim filing. An agency shall furnish a displaced person with a claim form and explain the filing procedure before displacement. An agency shall assist in claim preparation and describe any supporting documentation a person must provide.
Adm 92.06(8) (8)Written notice of claim denial. An agency shall promptly notify a claimant in writing of a determination, the basis for a determination and how a person may modify the claim or file an appeal, when an agency denies a claim or does not approve the full amount.
Adm 92.06(9) (9)Manner of notice. An agency shall give a person written notice as specified in this section by personal service, receipt documented, or by certified or registered first-class mail, return receipt requested. A notice shall be written in plain language and have a name and a telephone number of a person to contact. An agency shall provide appropriate translation and counseling for a person to be displaced who is unable to read or understand a notice. An agency shall make a diligent effort to contact a person to provide notices specified in this section.
Adm 92.06 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (2) (intro.) and (3) (intro.), renum. (4) to (8) to be (5) to (9), cr. (4), Register, November, 1989, No. 407, eff. 12-1-89; corrections in (6) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (6) (a) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.08 Adm 92.08 Payment of relocation claim. An agency shall pay a displaced person a relocation payment as specified under this chapter.
Adm 92.08(1) (1)Time of filing. A displaced person may file a claim for payment following a move, but not later than 2 years after the following dates, unless extended by the agency for good cause:
Adm 92.08(1)(a) (a) For tenants, the date of displacement;
Adm 92.08(1)(b) (b) For owners, the date of final payment for the purchase of the real property or the date of displacement, whichever is later.
Adm 92.08(2) (2)Prompt payment of a claim. An agency shall pay a claim in a timely manner, and promptly notify a displaced person when additional information is needed to support a claim. A replacement housing, business or farm payment shall be paid in one lump sum.
Adm 92.08(3) (3)Direct payment. An agency may not withhold part of a payment to a displaced person to satisfy an obligation to an agency or creditor, except that an agency may deduct any rent the displaced person owes the agency if the deduction does not prevent the person from obtaining a comparable replacement dwelling. An agency may not require a person to relinquish a right to future claims as a condition of payment. A payment shall be made to a displaced person, unless a person designates otherwise in writing, or a court orders a set off under s. 32.20, Stats.
Adm 92.08(4) (4)Partial payment. An agency shall pay a displaced person promptly for that part of the total claim not in dispute when only a part of a total claim is filed, or when a part of a claim is in dispute or is not sufficiently documented.
Adm 92.08(5) (5)Advance payment. An agency may pay a displaced person in advance of a move, subject to safeguards to ensure the payment is no greater than the amount a person is eligible to receive.
Adm 92.08(6) (6)No duplication of payment. A person eligible for a relocation payment under this chapter and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, may not receive a payment under both for items which have the same purpose and are equally compensable.
Adm 92.08(7) (7)Discounting prohibited. An agency may not discount a relocation payment for present worth, except for an increased interest payment.
Adm 92.08 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) and (3), Register, November, 1989, No. 407, eff. 12-1-89.
Adm 92.10 Adm 92.10 Waiver or modification. The department may waive or modify any requirement that is not required under ss. 32.185 to 32.27, Stats., for good reason, and on an individual case basis, upon written request of an agency or a displaced person. A waiver shall be in writing to be valid.
Adm 92.10 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.12 Adm 92.12 Waiver of relocation benefits. An owner-occupant of a property to be acquired, as an agreed upon condition of acquisition of the property, may waive relocation benefits as specified under s. 32.19, Stats., provided a waiver is executed knowledgeably, without duress, and under the following requirements:
Adm 92.12(1) (1) The property to be acquired by an agency is:
Adm 92.12(1)(a) (a) An isolated parcel, not included as part of a public project or located within a proposed or previously designated area where it is reasonable to conclude that other acquisitions by the agency will occur in the foreseeable future;
Adm 92.12(1)(b) (b) Being sold voluntarily to an agency:
Adm 92.12(1)(b)1. 1. In response to a public solicitation provided the agency states that it will not acquire property unless a mutually satisfactory agreement can be reached;
Adm 92.12(1)(b)2. 2. Through a voluntary listing of a property for sale by an owner;
Adm 92.12(1)(b)3. 3. Under another voluntary circumstance.
Adm 92.12(2) (2) The property owner shall be given pamphlets prepared by the department entitled “Wisconsin Relocation Rights," and “The Rights of Landowners under Wisconsin Eminent Domain Law" before execution of a waiver agreement.
Adm 92.12(3) (3) An agency shall inform the property owner in writing regarding the specific dollar benefits and services being waived before execution of a waiver agreement.
Adm 92.12(4) (4) The waiver is executed on a form provided by the department.
Adm 92.12(5) (5) The executed waiver is submitted to the department for approval before initiation of negotiations. The agency shall receive written approval of a waiver from the department before entering into an option to purchase or making an offer to purchase, unless an option or offer to purchase is conditioned on receipt of department approval. A waiver submitted to the department for approval shall be considered approved unless the department otherwise notifies the agency within 10 working days of receipt of the waiver.
Adm 92.12(6) (6) An agency may not solicit or execute a waiver from a person who is a tenant of a property to be acquired. An owner of a property to be acquired may not waive a relocation benefit for another person.
Adm 92.12(7) (7) A waiver of a relocation benefit as specified under this chapter does not affect the rights of an owner under other provisions of ch. 32, Stats.
Adm 92.12 Note Note: A displaced tenant may choose not to claim relocation payment during the two year time limit, provided the choice is not a condition of the acquisition or relocation from the property involved.
Adm 92.12 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.14 Adm 92.14 Education, certification and monitoring.
Adm 92.14(1)(1) Education. The department shall promote and place emphasis upon opportunities for interested persons to receive training in the relocation assistance requirements of ch. 32, Stats., and this chapter.
Adm 92.14(2) (2)Certification. The department may certify the relocation assistance program of a unit of state or local government upon a determination that the certified program meets the standards followed by the department in administering the relocation assistance requirements of ch. 32, Stats., and this chapter. A unit of government with a certified relocation assistance program shall not be required to submit relocation plans to the department for prior approval under s. Adm 92.26. A unit of government with a certified relocation assistance program shall retain all of its program records for the periods of time specified by the department. The department may examine any records of a certified relocation assistance program. The department shall monitor and audit all certified programs and may revoke the certification of a program upon a determination that the program does not continue to meet the standards for certification.
Adm 92.14(3) (3)Enforcement. Complaints shall be received and investigated as provided in s. Adm 92.18
Adm 92.14 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484; r. and recr. Register, March, 1997, No. 495, eff. 4-1-97; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.16 Adm 92.16 Eviction policy. An agency may evict a person as a last resort but the eviction does not affect the eligibility of a person for relocation benefits. An agency shall assist to prevent eviction of a tenant by an owner before acquisition by an agency. An agency's relocation record shall document the circumstance surrounding eviction from an agency-acquired property. Eviction may be undertaken for the following:
Adm 92.16(1) (1) Failure to pay rent, except as specified under s. 704.07, Stats.;
Adm 92.16(2) (2) Use of a premises for an illegal purpose;
Adm 92.16(3) (3) A material breach of a rental agreement;
Adm 92.16(4) (4) Refusal to accept an offer of a comparable replacement property;
Adm 92.16(5) (5) An eviction is required by law.
Adm 92.16 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.18 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.
Adm 92.18(1) (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:
Adm 92.18(1)(a) (a) A right to be represented in an appeal by a personal representative;
Adm 92.18(1)(b) (b) A right to inspect and photocopy a file, record, regulation or operating procedure of an agency or the department pertinent to an appeal;
Adm 92.18(1)(c) (c) A right to have a written complaint, in any form, reviewed and acted on;
Adm 92.18(1)(d) (d) A right to prompt consideration of a complaint and a written reply from an agency or the department explaining a determination;
Adm 92.18(1)(e) (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.
Adm 92.18(1)(f) (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.
Adm 92.18(2) (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:
Adm 92.18(2)(a) (a) An agency shall promptly notify a displaced person not satisfied with a relocation payment or service on how to appeal;
Adm 92.18(2)(b) (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;
Adm 92.18(2)(c) (c) An agency shall give a displaced person an opportunity to be heard and shall assist in filing a complaint;
Adm 92.18(2)(d) (d) An agency's determination on a complaint shall be conveyed to a displaced person in writing within 30 days after receipt;
Adm 92.18(2)(e) (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.
Adm 92.18(3) (3)Appeal to department. A displaced person may file an appeal to the department. The department shall:
Adm 92.18(3)(a) (a) Receive and consider all relocation complaints filed under this chapter;
Adm 92.18(3)(b) (b) Provide a written notice to the displacing agency within five working days of receipt of a complaint, including a copy of the complaint;
Adm 92.18(3)(c) (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;
Adm 92.18(3)(d) (d) Promptly notify the parties of a dispute when the department determines that a complaint is unreasonable, including the reasons;
Adm 92.18(3)(e) (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;
Adm 92.18(3)(f) (f) Provide a written determination when necessary to resolve a dispute;
Adm 92.18(3)(g) (g) Notify the parties within 90 days after an informal meeting when an acceptable solution cannot be negotiated.
Adm 92.18 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
Adm 92.20 Adm 92.20 Relocation file. An agency shall maintain a current individual property acquisition and individual relocation case file. The file shall be retained for inspection by the department for a minimum of 3 years following completion of a project or a final relocation payment, whichever is later.
Adm 92.20(1) (1)Property acquisition file. An individual property acquisition file shall contain:
Adm 92.20(1)(a) (a) The name and address of a property owner and the address or other legal description of an acquired property;
Adm 92.20(1)(b) (b) Evidence that the property owner was given a pamphlet entitled,“Your Rights as a Landowner under Wisconsin Eminent Domain Law,"and the date given;
Adm 92.20(1)(c) (c) A copy of written notices under this chapter or otherwise given to a displaced person;
Adm 92.20(1)(d) (d) A copy of appraisal reports or documents on which a determination of just compensation is based;
Adm 92.20(1)(e) (e) A copy of the written offer to purchase and the date of initiation of negotiations to acquire a property;
Adm 92.20(1)(f) (f) A copy of a purchase agreement, deed, declaration of taking, waiver or related document involving conveyance of the property;
Adm 92.20(1)(h) (h) Evidence that a property owner was paid for the purchase price and expenses incurred incidental to transfer of the property as specified under s. 32.195, Stats.
Adm 92.20(2) (2)Individual relocation case file. An agency shall develop and maintain an individual case file for a displaced person beginning with information obtained in the initial interview. An individual relocation case file shall include the following:
Adm 92.20(2)(a) (a) Name, on-site address and phone number, date of displacement, replacement address and phone number, and if a tenant or an owner, before and after relocation;
Adm 92.20(2)(b) (b) The age and sex of dependent household members, the average monthly income of adult household members and the monthly housing cost of an acquired and replacement dwelling;
Adm 92.20(2)(c) (c) A description of the business or farm operation being conducted, whether a displaced person relocated or discontinued, and the average monthly cost of the acquired and replacement facilities;
Adm 92.20(2)(d) (d) A description of a dwelling, habitable space, number of rooms and bedrooms, and the type of construction;
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Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.