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Adm 92.46(2) (2) A diligent effort was made to locate a displaced person whose whereabouts are unknown;
Adm 92.46(3) (3) A displaced person moves to not decent, safe and sanitary housing or to a business or farm operation not in compliance with applicable codes, and refuses efforts by an agency to correct deficiencies or accept other referrals;
Adm 92.46(4) (4) A displaced person refuses to accept suitable replacement referrals. In the event of continuous refusal to admit an agency representative for relocation assistance, who visits the occupant at convenient times, and has whenever possible, given notice of intention to visit the occupant, an agency shall make a diligent effort to communicate with a person before terminating assistance.
Adm 92.46 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.
subch. IV of ch. Adm 92 Subchapter IV — Relocation Moving Payments
Adm 92.50 Adm 92.50 General. An agency shall pay a person for the following moving and related expense:
Adm 92.50(1) (1) Moving a person and personal property from a displacement property;
Adm 92.50(2) (2) Moving a fixture when a person retains ownership provided the fixture is necessary for reestablishment of a business or farm operation and cannot otherwise be replaced within the maximum replacement payment under s. Adm 92.90.
Adm 92.50(3) (3) Moving costs, when an acquisition of real property used for a business or farm operation causes a person to vacate a dwelling or other real property not acquired, or in moving personal property from other real property not acquired;
Adm 92.50(4) (4) Moving costs for a residence and a business or farm when a person operates a business or farm and also resides on the property.
Adm 92.50(5) (5) One move, except the cost of a temporary move and a final move shall be paid when a hardship exists or when approved by an agency.
Adm 92.50 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1), Register, November, 1989, No. 407, eff. 12-1-89; correction in (2) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (2) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.52 Adm 92.52 Standard for actual and reasonable moving expense.
Adm 92.52(1)(1) Eligible moving expense. A person who claims a moving payment based on actual and reasonable cost shall be eligible for the following expenses:
Adm 92.52(1)(a) (a) Transporting a person and personal property from an acquired site to a replacement site. Transportation expense beyond 50 miles is ineligible, unless an agency determines that a hardship exists or relocation could not be satisfactorily accomplished within this distance. Exception shall be allowed by an agency to the nearest adequate and available site;
Adm 92.52(1)(b) (b) Packing, crating, unpacking and uncrating personal property;
Adm 92.52(1)(c) (c) Disconnecting, dismantling, removing, reassembling and reinstalling relocated and substitute machinery, equipment, appliances and other items not acquired, including reconnection of utilities to the items, and modification necessary to adapt the property to a replacement structure which is not a substantial real property improvement;
Adm 92.52(1)(d) (d) Storage of personal property, except on property owned by a displaced person, for a period not to exceed 12 months unless a longer period is determined necessary by the agency;
Adm 92.52(1)(e) (e) Advertisement and obtaining bids for moving;
Adm 92.52(1)(f) (f) An insurance premium for the replacement value of property lost or damaged while in storage or transit;
Adm 92.52(1)(g) (g) The replacement value of property lost, stolen or damaged in moving, not caused by the fault or negligence of a displaced person, agent, or employee, if insurance coverage was not reasonably available;
Adm 92.52(1)(h) (h) A nontransferable license, permit or certification obtained by a displaced person when necessary to reestablish. The cost may not exceed either the cost for one year, or the cost of the remaining useful life of the document, as determined by the issuing authority, whichever is less;
Adm 92.52(1)(i) (i) A professional service or consultant fee for planning, moving or installing relocated and substituted property at a replacement location;
Adm 92.52(1)(j) (j) Time to prepare an inventory of items to be moved when the agency is unable to perform an inventory;
Adm 92.52(1)(k) (k) Relettering a sign and replacement of obsolete stationery;
Adm 92.52(1)(L) (L) Direct loss of tangible personal property for a nonresidential displaced person under s. Adm 92.56 (2);
Adm 92.52(1)(m) (m) Searching for a replacement location for a business or farm operation under s. Adm 92.56 (3);
Adm 92.52(1)(n) (n) The amount actually paid for services in preparing and documenting a claim for a relocation payment or a business loan application not to exceed $100 for a residential occupant or $500 for a business or farm operation;
Adm 92.52(1)(o) (o) Related move expenses determined necessary by the agency.
Adm 92.52(2) (2)Ineligible moving expense. A person who claims a moving payment based on actual and reasonable cost may not receive payment for the following expenses:
Adm 92.52(2)(a) (a) Moving a structure or property improvement acquired as part of the real property;
Adm 92.52(2)(b) (b) Additional expense of residing or operating a business or farm operation in a new location except as provided under s. Adm 92.67;
Adm 92.52(2)(c) (c) Interest on a loan for moving expense;
Adm 92.52(2)(d) (d) Loss of goodwill, clientele, profit, or a trained employee;
Adm 92.52(2)(e) (e) Personal injury;
Adm 92.52(2)(f) (f) The cost of searching for a replacement dwelling.
Adm 92.52 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) (g) and (2) (b), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1) (L), (m), (2) (b) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.54 Adm 92.54 Moving payment — residential. An agency shall pay a person displaced from a dwelling for the cost of moving the person and personal property as specified under s. Adm 92.52. A person who moves from a primary or seasonal dwelling may claim a payment based on the fixed payment schedule under sub. (2).
Adm 92.54(1) (1)Actual and reasonable moving expense.
Adm 92.54(1)(a)(a) Commercial move. An agency shall pay a person the actual and reasonable cost for a commercial move when properly supported by receipts. An agency may pay the mover directly when all parties agree.
Adm 92.54(1)(b) (b) Contract with mover. An agency shall provide a list of commercial movers to a displaced person and may contract with and pay a mover selected by the displaced person.
Adm 92.54(1)(c) (c) Self-move. An agency shall pay a person displaced from a dwelling for a self-move when costs are properly supported by receipted bills. The payment may not exceed the estimated cost of a commercial move.
Adm 92.54(1)(d) (d) Cost of moving a person. The cost of moving a person to a new location may not exceed 20 cents per mile, or a normal rate when commercial transportation is used. Food and lodging are eligible expenses when necessary for the move.
Adm 92.54(1)(e) (e) Cost of moving a mobile home. An agency shall pay an owner of a mobile home for the actual and reasonable cost to move the mobile home and other personal property, including detaching and reattaching fixtures, utilities and appliances. An occupant of a mobile home may elect to claim under the fixed payment schedule in sub. (2).
Adm 92.54(2) (2)Fixed payment schedule. An agency shall, in lieu of payment under sub. (1), pay a person a moving expense and dislocation allowance payment based on the following schedule of furnished or unfurnished rooms in a dwelling or seasonal residence, except that one or more additional rooms shall be added for property stored in a basement, attic, garage or outbuilding. The actual moving cost may not be considered in computing a fixed payment, nor is it required that a person document actual cost when claiming a fixed payment. - See PDF for table PDF
Adm 92.54(3)(a)(a) Two or more families, or a family and an unrelated individual, who move to separate dwellings, shall each be reimbursed either on an actual cost basis or on the fixed payment schedule. A fixed payment for each shall be based on the number of rooms occupied by each, plus rooms shared.
Adm 92.54(3)(b) (b) Two or more individuals shall be treated as one person for moving cost purposes. There shall be one prorated actual move cost payment based on the actual cost of each person. Two or more individuals who claim under the fixed payment schedule, shall receive one payment based on the total number of rooms occupied. Payment shall be prorated equally among the individuals unless they specify differently.
Adm 92.54 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (intro.), (1) (e), (3) (a) and (b), renum. (2) (intro.) to be (2) and am., r. (2) (a) to (d) and (3) (c), cr. Table 222.54, Register, November, 1989, No. 407, eff. 12-1-89; correction in (intro.) made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (intro.) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
Adm 92.56 Adm 92.56 Moving payment-business. An agency shall pay a displaced business person for actual moving and related expense under sub. (1), actual direct loss of tangible personal property under sub. (2), and actual expense in searching for a replacement business as specified under sub. (3). A displaced business may be eligible for a fixed payment in lieu of actual moving expenses under sub. (4).
Adm 92.56(1) (1)Actual and reasonable moving expense.
Adm 92.56(1)(a)(a) Commercial move. An agency shall pay a person for the expense of a commercial move as specified under s. Adm 92.52. The expense shall be supported by receipts and an inventory of the items moved.
Adm 92.56(1)(b) (b) Self-move.
Adm 92.56(1)(b)1.1. A person shall have the option of taking responsibility for all or a part of the move and being paid an amount equal to the lower of 2 acceptable bids or estimates obtained by the agency or prepared by qualified staff. An agency shall also pay a person for expenses specified under s. Adm 92.52 when not included in a bid or estimate.
Adm 92.56(1)(b)2. 2. An agency shall pay a person for actual and reasonable expenses, supported by evidence of expense, when a bid or estimate cannot be obtained or when a large fluctuation in inventory prevents bidding. The following expenses may be included in a self-move in addition to items specified under s. Adm 92.52:
Adm 92.56(1)(b)2.a. a. A hired truck and equipment;
Adm 92.56(1)(b)2.b. b. Gas and oil when a vehicle or equipment owned is used in the move and the cost of insurance and depreciation directly allocable to the move;
Adm 92.56(1)(b)2.c. c. Wages for persons who assist in the move based on hours worked, not to exceed the hourly rate paid by commercial movers in the area;
Adm 92.56(1)(b)2.d. d. Wages for supervisory personnel who are regular employees for time spent in overseeing the move.
Adm 92.56(1)(b)3. 3. An agency may pay a person without obtaining bids or estimates and without supporting evidence of expenses when it is estimated that the cost of the move will not exceed $1,000.
Adm 92.56(1)(b)4. 4. A person who self-moves shall certify that the items listed were moved. The inventory of items listed as moved may not deviate to any appreciable extent from the original inventory without a corresponding increase or decrease in the agreed payment. An increase in the payment shall be based on a moved inventory normal to business operations.
Adm 92.56(1)(c) (c) Low value-high bulk property. The agency shall pay the difference between the estimated sales value and the replacement cost of junk, sand, gravel, metal, or other low value and high bulk property used in the operation, when the estimated cost of moving is disproportionately higher than the value.
Adm 92.56(2) (2)Direct loss of tangible personal property. An agency shall pay a person for direct loss of tangible property which a person may move but does not, provided the person makes a good faith effort to sell the property. Selling expense and sale proceeds shall be supported by receipts or records. Payment shall be determined as follows:
Adm 92.56(2)(a) (a) The payment, when an operation is to be reestablished and an item of personal property used in the operation is not moved but replaced with a comparable item at the new location, shall be the lesser of:
Adm 92.56(2)(a)1. 1. The replacement cost, minus the net proceeds of the sale. Trade-in value may be substituted for net proceeds when applicable;
Adm 92.56(2)(a)2. 2. The estimated cost of moving the item to a replacement site;
Adm 92.56(2)(b) (b) The payment, when an operation is to be discontinued or an item is not replaced in a reestablished operation, shall be the lesser of:
Adm 92.56(2)(b)1. 1. The difference between the market value of the tangible property for continued use at its location before displacement, less the net proceeds of the sale;
Adm 92.56(2)(b)2. 2. The estimated cost of moving the item to a replacement site;
Adm 92.56(2)(c) (c) A payment for loss of an item abandoned because it wasn't sold may not be more than its market value for continued use before displacement, or the estimated cost of moving the item, whichever is less, plus the cost of the attempted sale, irrespective of the cost to an agency for removing the item.
Adm 92.56(2)(d) (d) An agency shall pay a person for direct loss of tangible property when it is abandoned and no effort was made to sell the property, provided the agency determines a sale was not practicable.
Adm 92.56(2)(e) (e) The cost to an agency for removal of tangible property may not be considered an offsetting charge against other relocation payments.
Adm 92.56(3) (3)Actual and reasonable expense in searching for a replacement business. An agency shall pay a person for actual and reasonable expense in searching for a replacement business. The expense shall include transportation, food and lodging away from home and the value of time spent in searching, including any fee paid to a real estate agent or broker, providing a commission was not paid to the agent or broker by the seller.
Adm 92.56(3)(a) (a) Receipted bills. All expense claimed except the value of time spent in searching shall be supported by receipts.
Adm 92.56(3)(b) (b) Time spent in searching. Payment for time spent in searching may not exceed $30 per hour, unless approved by the agency. A certified statement of time spent, the hourly rate, and the replacement locations considered, shall support a claim.
Adm 92.56(3)(c) (c) Payment amount. A search payment may not exceed $1,000, unless it is determined by an agency that a greater amount is necessary.
Adm 92.56(4) (4)Payment in lieu of actual and reasonable moving expense. An agency shall pay a person who discontinues or relocates a business, at a person's option, a fixed payment in lieu of actual moving and related expense, and reestablishment expenses under s. Adm 92.67. The fixed payment shall be equal to the average annual net earnings of the business, but not less than $1,000, nor more than $20,000, if the following requirements are met:
Adm 92.56(4)(a) (a) Loss of patronage. A person is unable to relocate without a substantial loss of existing patronage as specified under s. Adm 92.01 (18). A business shall be assumed to meet the loss of patronage test, unless the agency demonstrates that the business will not suffer a substantial loss of existing patronage, and shall consider the following:
Adm 92.56(4)(a)1. 1. The type of business and nature of the clientele may require a location near the displacement property and a suitable replacement site may not be available;
Adm 92.56(4)(a)2. 2. The replacement sites may create a significant financial burden on the business not otherwise compensable;
Adm 92.56(4)(a)3. 3. A person may incur substantial uncompensated expense, in down-time, the need to borrow additional capital, the allocation of other resources for a new operation, substantial change in method of operation or related expense;
Adm 92.56(4)(a)4. 4. A person is unable to relocate to the rental properties available and remain competitive;
Adm 92.56(4)(a)5. 5. The age or physical condition of a person or the need to be near a residence may make reestablishment of the business impractical.
Adm 92.56(4)(b) (b) Number of businesses. The business is not part of a commercial enterprise having more than 3 other establishments not being displaced and engaged in the same or similar business under the same ownership.
Adm 92.56(4)(c) (c) Rental business. The business is not operated at the displacement dwelling or site solely for the purpose of renting to others.
Adm 92.56(4)(d) (d) Payment determination. The payment shall be based on the average annual net earnings of the business as specified under s. Adm 92.01 (3).
Adm 92.56(4)(e) (e) In business less than 2 years. A business in operation for less than 2 years, shall qualify for a payment. The payment shall be based on a 12 consecutive month period, or by dividing the net earnings by the number of months in operation when operated less than 12 consecutive months.
Adm 92.56(4)(f) (f) Owner verification of income. A business owner shall verify net earnings if claiming a payment in excess of $1,000. Income tax records shall be acceptable evidence of earnings.
Adm 92.56 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86; am. (1) b. 1., (4) (intro.) and (a) 1. and (b), renum. (4) (c) to (e) to be (4) (d) to (f) and am. (4) (f), cr. (4) (c), Register, November, 1989, No. 407, eff. 12-1-89; corrections made under s. 13.93 (2m) (b) 7., Stats., Register, April, 1996, No. 484; correction in (1) (a), (b) 1., 2. (intro.), (4) (intro.), (a) (intro.), (d) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.
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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.