Adm 92.08(2)(2) Prompt payment of a claim. An agency shall pay a claim in a timely manner, and promptly notify a displaced person when additional information is needed to support a claim. A replacement housing, business or farm payment shall be paid in one lump sum.

Adm 92.08(3)(3) Direct payment. An agency may not withhold part of a payment to a displaced person to satisfy an obligation to an agency or creditor, except that an agency may deduct any rent the displaced person owes the agency if the deduction does not prevent the person from obtaining a comparable replacement dwelling. An agency may not require a person to relinquish a right to future claims as a condition of payment. A payment shall be made to a displaced person, unless a person designates otherwise in writing, or a court orders a set off under s. 32.20, Stats.

Adm 92.08(4)(4) Partial payment. An agency shall pay a displaced person promptly for that part of the total claim not in dispute when only a part of a total claim is filed, or when a part of a claim is in dispute or is not sufficiently documented.

Adm 92.08(5)(5) Advance payment. An agency may pay a displaced person in advance of a move, subject to safeguards to ensure the payment is no greater than the amount a person is eligible to receive.

Adm 92.08(6)(6) No duplication of payment. A person eligible for a relocation payment under this chapter and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Public Law 91-646, 84 Stat. 1894, may not receive a payment under both for items which have the same purpose and are equally compensable.

Adm 92.08(7)(7) Discounting prohibited. An agency may not discount a relocation payment for present worth, except for an increased interest payment.

Adm 92.10Adm 92.10 Waiver or modification. The department may waive or modify any requirement that is not required under ss. 32.185 to 32.27, Stats., for good reason, and on an individual case basis, upon written request of an agency or a displaced person. A waiver shall be in writing to be valid.

Adm 92.12Adm 92.12 Waiver of relocation benefits. An owner-occupant of a property to be acquired, as an agreed upon condition of acquisition of the property, may waive relocation benefits as specified under s. 32.19, Stats., provided a waiver is executed knowledgeably, without duress, and under the following requirements:

Adm 92.12(1)(1) The property to be acquired by an agency is:

Adm 92.12(1)(a)(a) An isolated parcel, not included as part of a public project or located within a proposed or previously designated area where it is reasonable to conclude that other acquisitions by the agency will occur in the foreseeable future;

Adm 92.12(2)(2) The property owner shall be given pamphlets prepared by the department entitled “Wisconsin Relocation Rights,” and “The Rights of Landowners under Wisconsin Eminent Domain Law” before execution of a waiver agreement.

Adm 92.12(3)(3) An agency shall inform the property owner in writing regarding the specific dollar benefits and services being waived before execution of a waiver agreement.

Adm 92.12(4)(4) The waiver is executed on a form provided by the department.

Adm 92.12(5)(5) The executed waiver is submitted to the department for approval before initiation of negotiations. The agency shall receive written approval of a waiver from the department before entering into an option to purchase or making an offer to purchase, unless an option or offer to purchase is conditioned on receipt of department approval. A waiver submitted to the department for approval shall be considered approved unless the department otherwise notifies the agency within 10 working days of receipt of the waiver.

Adm 92.12(6)(6) An agency may not solicit or execute a waiver from a person who is a tenant of a property to be acquired. An owner of a property to be acquired may not waive a relocation benefit for another person.

Adm 92.12(7)(7) A waiver of a relocation benefit as specified under this chapter does not affect the rights of an owner under other provisions of ch. 32, Stats.

Adm 92.12 NoteNote: A displaced tenant may choose not to claim relocation payment during the two year time limit, provided the choice is not a condition of the acquisition or relocation from the property involved.

Adm 92.14(1)(1) Education. The department shall promote and place emphasis upon opportunities for interested persons to receive training in the relocation assistance requirements of ch. 32, Stats., and this chapter.

Adm 92.14(2)(2) Certification. The department may certify the relocation assistance program of a unit of state or local government upon a determination that the certified program meets the standards followed by the department in administering the relocation assistance requirements of ch. 32, Stats., and this chapter. A unit of government with a certified relocation assistance program shall not be required to submit relocation plans to the department for prior approval under s. Adm 92.26. A unit of government with a certified relocation assistance program shall retain all of its program records for the periods of time specified by the department. The department may examine any records of a certified relocation assistance program. The department shall monitor and audit all certified programs and may revoke the certification of a program upon a determination that the program does not continue to meet the standards for certification.

Adm 92.14(3)(3) Enforcement. Complaints shall be received and investigated as provided in s. Adm 92.18.

Adm 92.14 HistoryHistory: Cr. Register, March, 1986, No. 363, eff. 4-1-86; correction made under s. 13.93 (2m) (b) 1., Stats., Register, April, 1996, No. 484; r. and recr. Register, March, 1997, No. 495, eff. 4-1-97; correction in (2), (3) made under s. 13.92 (4) (b) 7., Stats., Register December 2011 No. 672.