Arizona Administrative Code
Title 17 - TRANSPORTATION
Chapter 3 - DEPARTMENT OF TRANSPORTATION HIGHWAYS
Article 3 - RELOCATION ASSISTANCE
Section R17-3-302 - Relocation Assistance; 49 CFR 24, Subpart A - General

Universal Citation: AZ Admin Code R 17-3-302

Current through Register Vol. 30, No. 38, September 20, 2024

A. 49 CFR 24.2,"Definitions and acronyms" is amended as follows:

"Agency" means the Arizona Department of Transportation."

"Contribute materially" in paragraph (a)(7) is amended to read:

The term"contribute materially" means that during the two taxable years before the taxable year in which displacement occurs, a business contributed at least 33 1/3% of the owner's or operator's average annual gross income from all sources.

"Decent, safe, and sanitary dwelling" in paragraph (a)(8) is amended to read:

The term decent, safe, and sanitary dwelling means a dwelling that meets applicable housing and occupancy codes. However, any of the following standards that are not met by an applicable code shall apply unless waived for good cause by the federal agency or state agency funding the project. The dwelling shall:

Be structurally sound, weathertight, and in good repair;

Contain a safe electrical wiring system adequate for lighting and other devices; and

Contain heating and cooling systems capable of sustaining a healthful temperature for a displaced person, except in those areas where local climatic conditions do not require such systems.

"Initiation of negotiations" has the same meaning as prescribed in A.R.S. § 28-7141.

"Notice of intent to acquire or notice of eligibility for relocation assistance" as described in 49 CFR 24.203(d) and 49 CFR 24.203(b) means:

Written notice furnished to a person to be displaced that establishes eligibility for relocation benefits before the initiation of negotiations.

"Persons not displaced" in paragraph (a)(9)(ii)(A) is amended to read:

A person who moves before the initiation of negotiations, unless this requirement is waived by the Department due to a move necessitated for reasons beyond the person's control.

"Program or project" in paragraph (a)(22) is amended to read:

The phrase"program" or"project" means any displacing activity or series of activities undertaken by the Department, related to construction or reconstruction of a transportation facility, or a facility necessary for maintaining a transportation facility.

"Salvage value" in paragraph (a)(23) is deleted.

"Uneconomic remnant" in paragraph (a)(27) is deleted.

"Uniform Act" in paragraph (a)(28) is amended to read:

The term"Uniform Act" means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended ( 42 U.S.C. 4601 et seq.).

"Utility facility" in paragraph (a)(31) is deleted.

"Utility relocation" in paragraph (a)(32) is deleted.

B. 49 CFR 24.5 "Manner of notices" is amended to read:

Each notice which the agency is required to provide to a property owner or occupant under this part shall be personally served or sent by certified or registered first-class mail, return receipt requested, and documented in agency files. Each notice shall be written in plain, understandable language. Persons who are unable to read and understand the notice must be provided with appropriate translation and counseling. Each notice shall indicate the name and telephone number of a person to contact for answers to questions or other needed help.

C. 49 CFR 24.9 "Recordkeeping and reports" is amended to read:

Paragraph (a) Records. The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this part. These records shall be retained for at least three years after each owner of a property and each person displaced from the property receives the final payment to which each owner of property is entitled under this part, or in accordance with the applicable regulations of the federal funding agency, whichever is later.

D. 49 CFR 24.10 "Appeals" is amended to read:

In addition to the provisions of A.R.S. §§ 41-1061 through 41-1067, the following provisions apply:

1. Actions that may be appealed. A person who believes the Department has failed to properly determine the person's eligibility for, or the amount of, a relocation payment may file a written appeal. A person shall include all contested issues in one appeal.

2. Process. To appeal, a person shall submit a letter stating name and address and the reasons for disagreeing with the Department's decision to the Right-of-Way Group, Arizona Department of Transportation, 205 S. 17th Ave., MD 612E, Phoenix, AZ 85007-3212.

3. Time limit. The person shall file the written appeal within 60 days after receiving notice of the Department's determination on the person's claim. The date the appeal request is received begins the official time limit constraints, as prescribed in subsections (D)(4) and (8) of this Section. Filing the appeal does not extend any eligibility periods or a required date to vacate a property.

4. Hearing date. Within 45 days of receipt of the appeal request, the Department shall set a mutually acceptable date for a hearing before a hearing officer.

5. Review of files. After making a written request to the Department at the address in subsection (D)(2) of this Section, the person may review and receive a copy of any non-confidential documentation contained in the Department's files regarding the person's appeal.

6. Scope of review. The Department shall consider and review the person's arguments, statements, and documents in support of the appeal, allowing reasonable latitude for the hearing of relevant material.

7. Right to representation. The person has a right to be represented by legal counsel or another representative in connection with the person's appeal, but solely at the person's own expense.

8. Determination. Within 30 days of the hearing, the hearing officer shall make a recommendation to the Chief Right-of-Way Agent. The Department shall promptly issue a written decision and provide a copy to the person by certified mail. The Department shall explain the basis on which its decision was made, and what relief, if any, is to be provided.

9. Judicial review. If the Department does not grant the relief requested, the Department shall advise the person of the right to seek judicial review.

Disclaimer: These regulations may not be the most recent version. Arizona may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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