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 Note Note: 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 92.12 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.14 Adm 92.14 Education, certification and monitoring.

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 History History: 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.

Adm 92.16 Adm 92.16 Eviction policy. An agency may evict a person as a last resort but the eviction does not affect the eligibility of a person for relocation benefits. An agency shall assist to prevent eviction of a tenant by an owner before acquisition by an agency. An agency’s relocation record shall document the circumstance surrounding eviction from an agency-acquired property. Eviction may be undertaken for the following:

Adm 92.16(1) (1) Failure to pay rent, except as specified under s. 704.07, Stats.;

Adm 92.16(2) (2) Use of a premises for an illegal purpose;

Adm 92.16(3) (3) A material breach of a rental agreement;

Adm 92.16(4) (4) Refusal to accept an offer of a comparable replacement property;

Adm 92.16(5) (5) An eviction is required by law.

Adm 92.16 History History: Cr. Register, March, 1986, No. 363, eff. 4-1-86.

Adm 92.18 Adm 92.18 Relocation appeal. A displaced person, or one claiming to be displaced, may file a complaint for review by the department under this subsection.

Adm 92.18(1) (1) General. An agency shall inform a displaced person before displacement of the person’s right of appeal under local and state procedures. A displaced person shall be assured of the following:

Adm 92.18(1)(a) (a) A right to be represented in an appeal by a personal representative;

Adm 92.18(1)(b) (b) A right to inspect and photocopy a file, record, regulation or operating procedure of an agency or the department pertinent to an appeal;

Adm 92.18(1)(c) (c) A right to have a written complaint, in any form, reviewed and acted on;

Adm 92.18(1)(d) (d) A right to prompt consideration of a complaint and a written reply from an agency or the department explaining a determination;

Adm 92.18(1)(e) (e) A displaced person who appeals may not be removed from an acquired property until an agency issues a written determination on an appeal unless the agency provides written notice to the department that an occupant may be required to move before such determination may be issued.

Adm 92.18(1)(f) (f) Filing a complaint under local or state appeal procedure is not a condition precedent to the filing of a claim and commencement of a legal action under s. 32.20, Stats.

Adm 92.18(2) (2) Appeal to displacing agency. An agency shall establish an internal appeal procedure to resolve a relocation complaint. The procedure shall assure the following minimum requirements:

Adm 92.18(2)(a) (a) An agency shall promptly notify a displaced person not satisfied with a relocation payment or service on how to appeal;

Adm 92.18(2)(b) (b) An appeal procedure shall provide for resolution of a complaint at an intermediate level within an agency, or an appeal to the agency head or designee, as a final step in resolving a complaint;