Appeals

(1) Actions That May Be Appealed. A displaced person may appeal to the head of the displacing agency if the person believes that the displacing agency has: (a) Improperly determined the person’s eligibility for relocation benefits; or (b) Improperly determined the amount of a relocation payment. (2) Form and Time for Initiating an Appeal. (a) The appeal shall be in writing in any form sufficient to identify the displacing agency action that is being appealed. (b) The appeal must be submitted to head of the displacing agency within 60 days after the displaced person receives written notice of the displacing agency action being appealed, unless the displacing agency has expressly identified another person to receive the appeal or allowed a longer period of time for filing the appeal. (3) Displacing Agency Official to Review Appeal. The appeal shall be reviewed by the head of the displacing agency, or such other agency official(s) as the head of the displacing agency may designate, with authority to affirm, reverse or modify the displacing agency action under review; provided, however, that the official(s) reviewing the appeal shall not have been directly involved in the action being appealed. (4) Scope of Review of Appeal. In deciding an appeal, the head of the displacing agency, or other designated official(s), shall consider any relevant information submitted by the displaced person and the displacing RELOCATION ASSISTANCE PROGRAM CHAPTER 1680-06-02 agency, and such additional information as the official(s) may request or require as needed to conduct a fair and full review of the appeal. (5) Representation. The displaced person may be assisted in the appeal by legal counsel or other representative, but solely at the displaced person’s own expense. (6) Notification of Decision on Appeal. Within 30 days after hearing the displaced person’s appeal, or after the receipt of all relevant information submitted by or requested from the displaced person, the head of the displacing agency, or designee(s), shall send the displaced person a written notice of the decision on the appeal, including an explanation of the basis on which the decision was made. The time for making the decision may be extended for good cause upon written notice to the displaced person. (7) Review of Decision on Appeal. The decision of the head of the displacing agency, or authorized designee(s), shall be final and is not subject to judicial review except as the law may allow under a common law writ of certiorari.