Utah § 57-12-9 Rules of displacing agency.

Utah Statutes

§ 57-12-9 — Rules of displacing agency.

Utah·Title 57 Real Estate·Ch. 57-12 Utah Relocation Assistance Act

(1)(1)(a) A displacing agency may enact rules to assure that:

(1)(a)(i) the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable;

(1)(a)(ii) a displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and

(1)(a)(iii) any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have the person's application reviewed by the head of the displacing agency.

(1)(b) Each displacing agency that has not adopted rules under Subsection (1)(a) shall comply with the rules promulgated by the Utah Department of Transportation relating to displaced pers

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(1) (1)(a) A displacing agency may enact rules to assure that:
(1)(a)(i) the payments and assistance authorized by this chapter are administered in a manner that is fair, reasonable, and as uniform as practicable;
(1)(a)(ii) a displaced person who makes proper application for a payment authorized by this chapter is paid promptly after a move or, in hardship cases, is paid in advance; and
(1)(a)(iii) any person aggrieved by a determination as to eligibility for a payment authorized by this chapter, or the amount of a payment, may have the person's application reviewed by the head of the displacing agency.
(1)(b) Each displacing agency that has not adopted rules under Subsection (1)(a) shall comply with the rules promulgated by the Utah Department of Transportation relating to displaced persons in right-of-way acquisitions.
(2) Each displacing agency shall comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act, in its adjudicative proceedings.
(3) (3)(a) For a financial assistance claim made by a displaced person under this chapter or 42 U.S.C. Secs. 4601-4655, for which the Department of Transportation is the displacing agency in a circumstance described in Subsection (3)(b), the Department of Transportation shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, procure, appoint, and cover the costs of:
(3)(a)(i) an administrative law judge to preside over the proceedings; and
(3)(a)(ii) a stenographer to record and transcribe any relevant hearing or proceeding.
(3)(b) The requirements of Subsection (3)(a) shall apply to any financial assistance claim by a displaced person where:
(3)(b)(i) the financial assistance claim is valued at more than $50,000; or
(3)(b)(ii) there is a question of law affecting the denial of a financial assistance claim.
(3)(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the Department of Transportation may make rules to establish administrative procedures in accordance with this part.

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