Section 468-100-010. Appeals.

The displacing agency shall promptly review appeals in accordance with the requirements of applicable law and this chapter.

(1) Actions which may be appealed: A person may file written notice of an appeal with the displacing agency in any case in which the person believes that the agency has failed to properly determine the person's eligibility for, or the amount of, a payment required under WAC 468-100-105 or RCW 8.26.200, or a relocation payment required under this chapter.

(2) Limitations: A person is entitled to only such benefits as are specifically delineated in this chapter.

(3) Form of notice: The displacing agency shall consider a written appeal regardless of form. The appeal notice or letter should state what issues are being claimed, the reasons why the aggrieved person believes the claim should be allowed, and how the person believes he or she is otherwise aggrieved. The letter or notice should clearly identify the displacing agency's project and parcel of real property involved and should bear the signature and address of the aggrieved person or the person's authorized representative. The displacing agency may refuse to schedule any review or hearing on an appeal until these requirements have been complied with or may issue an order providing for dismissal of such appeal upon failure to comply within a reasonable time specified by the agency.

(4) Time limit for initiating appeal: The time limit shall be sixty days after the person receives written notification of the agency's determination on the person's claim.

(5) Review of files by person making appeal: The displacing agency shall permit a person to inspect and copy all materials pertinent to the person's appeal, except materials which are classified as confidential by the agency. The agency may, however, impose reasonable conditions on the person's right to inspect, consistent with applicable laws.

(6) Hearing process: Except as they may be inconsistent with the rules of this chapter, the department of transportation adopts the practice and procedure rules as set forth in chapter 468-10 WAC for appeals under this chapter. Where the rules of this chapter conflict with those of chapter 468-10 or 10-08 WAC, the rules of this chapter shall govern.

(7) Discovery: Discovery will be available in relocation appeals as follows: Any party to a relocation appeal may obtain discovery from any party by written interrogatories, written admissions, oral depositions, subpoena duces tecums, and written requests for production of documents. The procedures regarding these methods of discovery are found at CR 28 through 36 and 45(b) as now or hereafter amended and are hereby incorporated in this section.

[Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-010, filed 1/3/06, effective 2/3/06. Statutory Authority: RCW 47.01.101(5) and chapter 34.05 RCW. WSR 94-14-102 (Order 146), § 468-100-010, filed 7/6/94, effective 8/6/94. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-010, filed 8/14/89, effective 9/14/89.]

Chapter 8.26 RCW. WSR 06-02-068, § 468-100-010, filed 1/3/06, effective 2/3/06. Statutory Authority: RCW 47.01.101(5) and chapter 34.05 RCW. WSR 94-14-102 (Order 146), § 468-100-010, filed 7/6/94, effective 8/6/94. Statutory Authority: Chapter 8.26 RCW. WSR 89-17-048 (Order 121), § 468-100-010, filed 8/14/89, effective 9/14/89.

Rules

468-100-105,468-10,468-10,10-08,