R.C.S.A. § 8-273-45
Procedures
Cite as Conn. Agencies Regs. § 8-273-45
(a) As early as practicable in the land acquisition stage of a program or project undertaken
by or under the supervision of the Department of Transportation, a representative
of the Department shall contact each person who will be displaced as a result of such
activity and shall explain the nature of the relocation assistance for which such
displaced person is eligible, including the amount of any payment for displacement
expenses as determined by the Department using the criteria set forth in the URAA
and 49 CFR Part 25. If the displaced person disputes the adequacy of the relocation
assistance offered to him, and wishes to appeal such determination to the Commissioner
of Transportation pursuant to Section 8-278 of the Connecticut General Statutes, he
must first submit a written application for reconsideration to the Department. This
application shall be addressed to the Director of Rights of Way, Department of Transportation,
24 Wolcott Hill Road, Wethersfield, Connecticut, and shall include whatever documentation
the displaced person believes supports his request for greater assistance.
(b) If the displaced person is not satisfied by the decision rendered by the Department
on his application for reconsideration, he then may appeal such determination to the
Commissioner of Transportation. This appeal must be submitted in writing within eighteen
(18) months after the date of acquisition of the real property that caused the displacement.
(c) A hearing on the appeal will be scheduled before the Relocation Advisory Assistance
Appeals Board established by the Commissioner of Transportation under section 8-273-1
of the Regulations of Connecticut State Agencies. The hearing shall be conducted in
accordance with the "contested case" provisions of the Uniform Administrative Procedure
Act (UAPA), Chapter 54, Sections 4-177 through 4-181 of the Connecticut General Statutes.
The Board shall submit a proposal for decision to the Commissioner within fifteen
(15) days after the hearing. The proposal for decision shall set forth the Board's
findings of fact, based on the evidence presented at the hearing and on matters officially
noticed, and its conclusions of law. A copy of the proposal for decision shall be
served on the displaced person and any other party of record by registered or certified
mail, postage prepaid, and these individuals shall have until fifteen (15) days following
the date of mailing to file a written statement or brief with the Commissioner regarding
the proposed decision.
(d) Within ninety (90) days following the close of evidence and the filing of briefs,
the Commissioner shall render a final decision in the matter.
(e) A person who is aggrieved by the final decision of the Commissioner may seek judicial
review of the decision in accordance with the provisions of Section 4-183 of the Connecticut
General Statutes.