HAR §17-2017-18
HAR §17-2017-18. Documentation
Length: 1,329 wordsOfficial source
Cite as Haw. Code R. § 17-2017-18
(a )
The state
agency shall maintain relocation records showing :
( 1 )
State and federal proj ect and parcel
identification;
( 2 )
Names and addresses of displaced persons and
their complete original and new addresses
and telephone numbers (if available after
reasonable effort to determine where
relocatee moved without assistance ) ;
(3 )
Personal contacts made with each displaced
person ; including, for each displaced
person :
2.6.0 1
(A)
Date of notification of availability of
relocation payments and services ;
(B)
Name of the official offering or
providing relocation assistance ;
(C)
Whether the offer of assistance was
declined or accepted and the name of
the individual accepting or declining
the offer;
( D)
Dates and substance of subsequent
follow-up contacts ;
2017-20
§17-20:--:.f
{E)
Date on which the displaced person was
required to move from the property
acquired;
(F)
Date on which actual relocation
occurred and whether relocation was
accomplished with the assistance of the
state agency, referrals to other
agencies, or without assistance.
If
the latter, an approximate date for
actual relocation is acceptable; and
(G)
Type of tenure before and after
relocation;
(4)
For displacements from dwellings:
(A)
Number in family;
(B}
Type of property (single family
detached, multi-family, etc.);
{C}
Value, or monthly rent; and
(D)
Number of rooms occupied; and
(5)
For displaced businesses:
(A)
Type of business;
(8)
Whether continued or terminated; and
(C)
If relocated, distance moved (estimate
acceptable).
{b)
The state agency shall maintain records
containing the following information regarding moving
expense payments:
(1)
The date the removal of personal property
was accomplished;
(2)
The location from which and to which the
p~rsonal property was moved;
(3)
If the personal property was stored
temporarily, the location where the property
was stored, the duration of such storage,
and justification for the storage and the
storage charges;
(4)
Itemized statement of the costs incurred
supported by receipted bills or other
evidence of expense;
(5)
Amount of reimbursement claimed, amount
allowed, and an explanation of any
difference;
2017-21
§17-201° - 1 S
(E)
Date on which the displaced person was
required to move from the property
acquired;
( F)
Date on which actual relocation
occurred and whether relocation was
accomplished with the assistance of the
state agency, referrals to other
agencies , or without assistance .
If
the latter, an approximate date for
actual relocation is acceptable ; and
(G)
Type of tenure before and after
relocation ;
( 4 )
For displacements from dwellings :
(A)
Number in family;
(B)
Type of property ( single family
detached, multi-family, etc. ) ;
(C)
Value , or monthly rent ; and
( D)
Number of rooms occupied; and
( 5 )
For displaced businesses :
(A)
Type of business;
(B)
Whether continue d or terminated; and
(C)
If relocated, distance moved ( estimate
acceptable ) .
( b)
The state agency shall maintain records
containing the following information regarding moving
expense payments :
( 1 )
The date the removal of personal property
was accomplished;
( 2 )
The location from which and to which the
personal property was moved;
( 3 )
I f the personal property was stored
temporarily, the location where the property
was stored, the duration of such storage ,
and justification for the storage and the
storage charges ;
( 4 )
Itemized statement of the costs incurred
supported by receipted bills or other
evidence of expense ;
( 5 )
Amount of reimbursement claimed , amount
allowed, and an explanation of any
difference ;
2017-21
2.6 0 1
§17-2017-18
(6)
Data supporting any determination that a
business cannot be relocated without a
substantial loss of its existing patronage
and that it is not part of a commercial
enterprise having at least one other
establishment not being acquired;
{7)
When the payment to a business or farm
operation is based on its average annual net
earnings or $5,000, whichever is less, data
showing how the payment was computed; and
(8)
When fixed moving expense payments are made,
the data called for in paragraphs (3) and
(4) need not be maintained.
Instead,
records showing the basis on which payment
was made shall be maintained.
(c)
The state agency shall maintain records
containing the following information regarding
replacement housing payments:
(1}
The date of the state agency's receipt of
each application for such payments;
(2)
The date on which each payment was made or
t_he application rejected;
{3)
Supporting data explaining how the amount of
the supplemental payment to which the
applicant is entitled was calculated.
This
support should also clearly establish that
as of the date of payment, replacement
housing meeting the criteria established in
section 17-2017-16 was available;
(4)
A signed and dated statement setting forth:
(A)
The determination of the amount of the
supplemental payment; and
(B)
That no official of the state agency
has a direct or indir~ct present or
contemplated personal interest in this
transaction, or will derive any benefit
from the supplemental payment, provided
that where an individual employed by a
state agency is displaced by a project,
the executive director may authorize
payments under these rules; and
2017-22
§17-2 0 1 7- 1 8
( 6 )
Data supporting any determination that a
business cannot be relocated without a
substantial loss of its existing patronage
and that it is not part of a commercial
enterprise having at least one other
establishment not being acquired;
( 7 )
When the payment to a business or farm
operation is based on its average annual net
earnings or $5, 000, whichever is less , data
showing how the payment was computed; and
( 8 )
When fixed moving expense payments are made ,
the data called for in paragraphs ( 3 ) and
( 4 ) need not be maintained.
Instead,
records showing the basis on which payment
was made shall be maintained .
( c)
The state agency shall maintain records
containing the following information regarding
replacement housing payments :
( 1 )
The date of the state agency ' s receipt of
each application for such payments;
( 2 )
The date on which each payment was made or
the application rej ected;
( 3 )
Supporting data explaining how the amount of
the supplemental payment to which the
applicant is entitled was calculated .
This
support should also clearly establish that
( 4 )
as of the date of payment , replacement
housing meeting the criteria established in
section 17-2017-16 was available ;
A signed and dated statement setting forth :
(A)
The determination of the amount of the
supplemental payment ; and
( B )
That no official of the state agency
has a direct or indirect present or
contemplated personal interest in this
transact ion, or will derive any benefit
from the supplemental payment , provided
that where an individual employed by a
state agency is displaced by a proj ect,
the executive director may authorize
payments under these rules ; and
2017-22
§'l7-20l'7-2G
(5)
A statement by the state agency that in its
opinion the displaced person has been
relocated in decent, safe, 2
~RQ sanitary
housing.
[ Eff
NOV 15 UU4 ] (Auth:
HRS
§111-9) (Imp:
HRS §§111-3, 111-4)
§17-2017-19
Assurance of availability of
housing.
Any state agency which misplaces any person
shall, at least one hundred twenty days prior to any
displacement, provide the following to the
corporation:
(1)
A feasible method for the relocation of
families and individuals displaced from the
property acquired; and
(2)
Assurance that there are or are being
provided in areas not generally less
desirable in regard to public utilities and
public and commercial facilities and at
rents or prices within the financial means
of the families and individuals displaced,
decent, safe, and sanitary dwellings equal
in number to the number of displaced
families and individuals and available to
such displaced families and individuals and
reasonably accessible tQoVth~~~aces of
employment.
{Eff
N
la.tUU4 J (Auth:
HRS §111-9)
(Imp: HRS §111-6)