Effective Date of Rule: Thirty-one days after filing.

     Purpose: To amend chapter 468-100 WAC to reflect regulatory changes made by the Federal Highway Administration (FHWA) to the federal regulations in 49 C.F.R. Part 24 Section 24 that went into effect on February 3, 2005.

     Citation of Existing Rules Affected by this Order: Repealing WAC 468-100-505; and amending WAC 468-100-001 through 468-100-603.

     Statutory Authority for Adoption: Chapter 8.26 RCW.

      Adopted under notice filed as WSR 05-22-083 on November 1, 2005.

     Changes Other than Editing from Proposed to Adopted Version: Included language omitted from WAC 468-100-002 (15)(c) when original changes were submitted on November 1, 2005.

     Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 2, Amended 34, Repealed 1; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted on the Agency's Own Initiative: New 0, Amended 0, Repealed 0.

     Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 2, Amended 34, Repealed 1.

     Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0;      Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 2, Amended 34, Repealed 1.

     Date Adopted: January 3, 2006.

John F. Conrad

Assistant Secretary

OTS-8462.3

AMENDATORY SECTION(Amending Order 121, filed 8/14/89, effective 9/14/89)

WAC 468-100-001   Purpose ((and scope)).   (1) This chapter promulgates rules to implement chapter 8.26 RCW (Relocation assistance -- Real property acquisition policy).

     (2) Conflicts: In the event of any conflict between these regulations and the provisions of chapter 8.26 RCW or any other applicable law, the statutory provisions are controlling.

     (3) Notwithstanding anything to the contrary in this chapter, any displacing agency, where otherwise authorized, may make any relocation assistance payment in an amount which exceeds the maximum amount for such payment authorized by this chapter, and may comply with regulations promulgated pursuant to other authority, if the making of such payment or compliance with such requirements is necessary under federal law or regulations to secure federal financial assistance.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-001, filed 8/14/89, effective 9/14/89.]

     (1) Agency: ((Means the state agency or local public agency which)) The term agency means the federal agency, state, state agency, or person that acquires ((the)) real property or displaces a person.

     (a) Acquiring agency. The term acquiring agency means a state agency, as defined in (d) of this subsection, which has the authority to acquire property by eminent domain under state law, and a state agency or person that does not have such authority.

     (b) Displacing agency. The term displacing agency means any federal agency carrying out a program or project, and any state, state agency, or person carrying out a program or project with the federal financial assistance that causes a person to be a displaced person.

     (c) Federal agency. The term federal agency means any department, agency, or instrumentality in the executive branch of the government, any wholly owned government corporation, the architect of the capitol, the federal reserve banks and branches thereof, and any person who has the authority to acquire property by eminent domain under federal law.

     (d) State agency. The term state agency means any department, agency or instrumentality of a state or of a political subdivision of a state, any department, agency, or instrumentality or two or more states or of two or more political subdivisions of a state or states, and any person who has the authority to acquire property by eminent domain under state law.

     (2) Alien not lawfully present in United States: Means an alien who is not "lawfully present" in the United States as defined in Public Law 104-193 and includes:

     (a) An alien present in the Unites States who has not been admitted or paroled into the United States pursuant to the Immigration and Nationality Act and whose stay in the United States has not been authorized by the United States Attorney General; and

     (b) An alien who is present in the United States after the expiration of the period of stay authorized by the United States Attorney General or who otherwise violates the terms and conditions of admission, parole or authorization to stay in the United States.

     (3) Appraisal: Means a written statement independently and impartially prepared by a qualified appraiser setting forth an opinion of defined value of an adequately described property as of a specific date, supported by the presentation and analysis of relevant market information.

     (4) Business: Means any lawful activity, except a farm operation, that is conducted:

     (a) Primarily for the purchase, sale, lease, and/or rental of personal and/or real property, and/or for the manufacture, processing, and/or marketing of products, commodities, and/or any other personal property; or

     (b) Primarily for the sale of services to the public; or

     (c) ((Solely for the purpose of WAC 468-100-303, conducted)) Primarily for outdoor advertising display purposes, when the display must be moved as a result of the project; or

     (d) By a nonprofit organization that has established its nonprofit status under applicable federal or state law.

     (5) Citizen: The term citizen for purposes of this part includes both citizens of the United States and noncitizen nationals.

     (6) Comparable replacement dwelling: Means a dwelling ((which)) that meets the additional rules in WAC 468-100-403 and which is:

     (a) ((Is)) Decent, safe, and sanitary according to the definition in subsection (((7))) (8) of this section.

     (b) ((Is functionally similar to the displacement dwelling with particular attention to the number of rooms and living space.)) Functionally equivalent to the displacement dwelling. The term functionally equivalent means that it performs the same function, and provides the same utility. While a comparable replacement dwelling need not possess every feature of the displacement dwelling, the principal features must be present. Generally, the functional equivalency is an objective standard, reflecting the range of purposes for which the various physical features of a dwelling may be used. However, in determining whether a replacement is functionally equivalent to the displacement dwelling, the agency may consider reasonable tradeoffs for specific features when the replacement unit is equal to or better than the displacement dwelling.

     (c) ((Is)) Adequate in size to accommodate the occupants.

     (d) ((Is)) Located in an area that is not subject to unreasonable adverse environmental conditions((, is not generally less desirable)).

     (e) In a location generally not less desirable than the location of the displaced person's dwelling with respect to public utilities and commercial and public facilities, and is reasonably accessible to the person's place of employment. Comparables may be used from neighborhoods similar to that of the acquired dwelling.

     (((e) Has)) (f) On a site that is typical in size for residential development with normal site improvements, including customary landscaping. The replacement site need not include either a special improvement or a major exterior attribute ((of the displacement site)) such as outbuildings, swimming pools, or greenhouses in accordance with WAC 468-100-403 (1)(b).

     (((f) Is)) (g) Currently available to the displaced person on the private market except as provided in subsection (6)(i) of this section. ((However, a comparable replacement dwelling for a person receiving government housing assistance before displacement may reflect similar government housing assistance.

     (g) Is priced)) (h) Within the financial means of the displaced person.

     (i) For a one hundred eighty-day owner-occupant described at WAC 468-100-401, a comparable dwelling is considered to be within the displacee's financial means.

     (ii) For a ninety-day tenant-occupant described at WAC 468-100-402, a comparable dwelling is considered to be within the displacee's financial means if after application of the rental assistance payment, described in said section, the displacee's portion of the monthly rent plus utilities would be thirty percent or less of his total monthly income from all sources.

     (iii) For a displaced person who is not eligible to receive a replacement housing payment under WAC 468-100-402 due to failure to meet the length of occupancy requirements, comparable housing is considered to be within the displacee's financial means if the acquiring agency pays that portion of the monthly housing costs of a replacement dwelling which ((would)) exceeds ((thirty percent of the displacee's monthly income for forty-two months. Replacement housing payments would be paid under WAC 468-100-601)) the person's base monthly rent for the displacement dwelling as described in WAC 468-100-402 (2)(b). Such rental assistance must be paid under WAC 468-100-404, replacement housing of last resort.

     (((6))) (i) For a person receiving government housing assistance before displacement, a dwelling that may reflect similar government housing assistance. In such cases any requirements of the government housing assistance program relating to the size of the replacement dwelling shall apply.

     (7) Contribute materially: Means that during the two taxable years prior to the taxable year in which displacement occurs, or during such other period as the agency determines to be more equitable, a business or farm operation:

     (a) Had average annual gross receipts of at least five thousand dollars; or

     (b) Had average annual net earnings of at least one thousand dollars; or

     (c) Contributed at least thirty-three and one-third percent of the owner's or operator's average annual gross income from all sources.

     (d) If the application of the above criteria creates an inequity or hardship in any given case, the agency may approve the use of other criteria as determined appropriate.

     (((7))) (8) Decent, safe, and sanitary (DSS) dwelling: Means a dwelling ((which)) that meets ((applicable)) local housing and occupancy codes. However, any of the following standards ((which)) that are not met by ((an applicable)) the local code shall apply, unless waived for good cause by the agency funding the project. The dwelling shall:

     (a) Be structurally sound, weather-tight, and in good repair.

     (b) Contain a safe electrical wiring system adequate for lighting and other electrical devices.

     (c) Contain a heating system capable of sustaining a healthful temperature (of approximately seventy degrees Fahrenheit) for a displaced person except in those areas where local climatic conditions do not require such a system.

     (d) Be adequate in size with respect to the number of rooms and area of living space needed to accommodate the displaced person. The number of persons occupying each habitable room used for sleeping purposes shall not exceed that permitted by local housing codes or, in the absence of local codes, the policies of the displacing agency. In addition, the displacing agency shall follow the requirements for separate bedrooms for children of the opposite gender included in local housing codes or in the absence of local housing codes, the policies of such agencies.

     (e) There shall be a separate, well-lighted and ventilated bathroom that provides privacy to the user and contains a sink, bathtub or shower stall, and a toilet, all in good working order and properly connected to appropriate sources of water and to a sewage drainage system. In the case of a housekeeping dwelling, there shall be a kitchen area that contains a fully usable sink, properly connected to potable hot and cold water and to a sewage drainage system, and adequate space and utility service connections for a stove and refrigerator.

     (((e))) (f) Contains unobstructed egress to safe, open space at ground level. If the replacement dwelling unit is on the second story or above, with access directly from or through a common corridor, the common corridor must have at least two means of egress.

     (((f))) (g) For a displaced person ((who is handicapped)) with a disability, be free of any barriers ((which)) that would preclude reasonable ingress, egress, or use of the dwelling by such displaced person.

     (((8))) (9) Displaced person:

     (a) General: Means any person who moves from the real property or moves his or her personal property from the real property. This includes a person who occupies the real property prior to its acquisition, but who does not meet the length of occupancy requirements of the Uniform Act:

     (i) As a direct result of the agency's acquisition of, or the initiation of negotiation for, or the acquisition of, such real property in whole or in part for a project; or

     (ii) As a direct result of a written order from the acquiring agency to vacate such real property for a project; or

     (iii) As a direct result of the agency's acquisition of, or written order to vacate for a project, other real property on which the person conducts a business or farm operation; or

     (iv) As a direct result of a voluntary transaction by the owner pursuant to WAC 468-100-101 (2)(a), thereby displacing a tenant.

     (b) Persons not displaced: The following is a nonexclusive listing of persons who do not qualify as a displaced person under this chapter.

     (i) A person who moves before the initiation of negotiations except one who is required to move for reasons beyond his or her control as explained in WAC 468-100-403(((5))) (4), unless the agency determines that the person was displaced as a direct result of the program or project; or

     (ii) A person who initially enters into occupancy of the property after the date of its acquisition for the project; or

     (iii) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; or

     (iv) A person whom the agency determines is not required to relocate permanently as a direct result of a project. Such determination shall be made by the agency in accordance with any guidelines established by the federal agency funding the project; or

     (((iv) A person whom the agency determines is not displaced as a direct result of a partial acquisition; or))

     (v) An owner-occupant who moves as a result of an acquisition of real property or as a result of the rehabilitation or demolition of the real property. However, the displacement of a tenant as a direct result of any acquisition, rehabilitation or demolition for a federal or federally assisted project is subject to this part; or

     (vi) A person whom the agency determines is not displaced as a direct result of a partial acquisition; or

     (vii) A person who, after receiving a notice of relocation eligibility ((also receives a)), is notified in writing that he or she will not be displaced for a project. Such written notification shall not be issued unless the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of ((noneligibility ()) relocation eligibility as described in WAC 468-100-203 (2)(b)(())); or

     (((vi))) (viii) An owner-occupant who voluntarily sells his or her property pursuant to WAC 468-100-101 (2)(a) after being informed in writing that if a mutually satisfactory agreement of sale cannot be reached, the agency will not acquire the property. In such cases, however, any resulting displacement of a tenant is subject to the regulations in this part; or

     (((vii))) (ix) A person who retains the right of use and occupancy of the real property for life following its acquisition by the agency; or

     (((viii))) (x) A person who retains the right of use and occupancy of the real property for a fixed term after its acquisition for a program or project receiving federal financial assistance from the Department of Interior; or

     (((ix) A person who has occupied the property for the purpose of obtaining assistance under the Uniform Act; or

     (x))) (xi) An owner who retains the right of use and occupancy of the real property for a fixed term after its acquisition by the Department of Interior under Public Law 93-477 or Public Law 93-303, except that such owner remains a displaced person for purposes of subpart D of this code; or

     (((xi))) (xii) A person who is determined to be in unlawful occupancy prior to or after the initiation of negotiations, or a person who has been evicted for cause ((prior to the initiations of negotiations for the property)), under applicable state law, in accordance with WAC 468-100-206. However, advisory assistance may be provided to unlawful occupants at the option of the agency in order to facilitate the project; or

     (((xii))) (xiii) A person who is not lawfully present in the United States and who has been determined to be ineligible for relocation ((benefits)) assistance in accordance with WAC 468-100-208; or

     (xiv) Tenants required to move as a result of the sale of their dwelling to a person using downpayment assistance provided under the American Dream Downpayment Initiative (ADDI) authorized by Section 102 of the American Dream Downpayment Act (Pub. L., 108-186; codified at 42 U.S.C. 12821).

     (((9))) (10) Dwelling: Means the place of permanent or customary and usual residence of a person, as determined by the agency according to local custom or law, including a single family house; a single family unit in a two-family, multifamily, or multipurpose property; a unit of a condominium or cooperative housing project; a nonhousekeeping unit; a mobile home; or any other ((fixed or installed)) residential unit ((other than a unit customarily used, and currently (although not necessarily immediately) capable of use, for transportation or recreational purposes)).

     (((10))) (11) Dwelling site: The term dwelling site means a land area that is typical in size for similar dwellings located in the same neighborhood or rural area.

     (12) Farm operation: Means any activity conducted solely or primarily for the production of one or more agricultural products or commodities, including timber, for sale or home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

     (((11))) (13) Federal financial assistance: Means any grant, loan, or contribution, except a federal guarantee or insurance.

     (((12))) (14) Household income: The term household income means total gross income received for a twelve-month period from all sources (earned and unearned) including, but not limited to, wages, salary, child support, alimony, unemployment benefits, workers compensation, Social Security, or the net income from a business. It does not include income received or earned by dependant children and full-time students under eighteen years of age.

     (15) Initiation of negotiations: Means the date of delivery of the initial written offer by the agency to the owner or the owner's representative to purchase real property for a project for the amount determined to be just compensation, unless applicable agency program regulations specify a different action to serve this purpose. However:

     (a) If the agency issues a notice of its intent to acquire the real property, and a person moves after that notice, but before delivery of the initial written purchase offer, the "initiation of negotiations" means the date the person moves from the property. (((See also WAC 468-100-505(3).)))

     (b) In the case of a permanent relocation to protect the public health and welfare under the Comprehensive Environmental Response Compensation and Liability Act of 1980 (Pub. L. 96-510, or "Superfund"), the "initiation of negotiations" means the formal announcement of such relocation or the federal or federally-coordinated health advisory where the federal government later decides to conduct a permanent relocation.

     (((13))) (c) In the case of permanent relocation of a tenant as a result of an acquisition of real property described in WAC 468-100-101 (2)(a)(i) through (iii), the initiation of negotiations means the actions described in this section, except that such initiation of negotiations does not become effective, for the purposes of establishing eligibility for relocation assistance for such tenants under this part, until there is a written agreement between the agency and the owner to purchase the real property.

     (16) Lead agency: Means the department of transportation acting through the Federal Highway Administration.

     (17) Mobile home: The term mobile home includes manufactured homes and recreational vehicles used as residences.

     (18) Mortgage: Means any of such classes of liens as are commonly given to secure advances on, or the unpaid purchase price of, real property, under the laws of the state in which the real property is located, together with the credit instruments, if any, secured thereby.

     (((14))) (19) Nonprofit organization: The term nonprofit organization means an organization that is incorporated under the applicable laws of a state as a nonprofit organization, and exempt from paying federal income taxes under Section 501 of the Internal Revenue Code (26 U.S.C. 501).

     (20) Owner of ((displacement)) a dwelling: A ((displaced)) person is considered to have met the requirement to own a ((displacement)) dwelling if the person purchases or holds any of the following interests in real property acquired for a project:

     (a) Fee title, a life estate, a land contract, a ninety-nine-year lease, or a lease((,)) including any options for extension, with at least fifty years to run from the date of acquisition; or

     (b) An interest in a cooperative housing project which includes the right to occupy a dwelling; or

     (c) A contract to purchase any of the interests or estates described in ((subsection (1))) (a) or (((3))) (b) of this ((section)) subsection; or

     (d) Any other interests, including a partial interest, which in the judgment of the agency warrants consideration as ownership.

     (((15))) (21) Person: Means any individual, family, partnership, corporation, or association.

     (((16))) (22) Program or project: The phrase program or project means any activity or series of activities undertaken by a federal agency or with federal financial assistance received or anticipated in any phase of any undertaking in accordance with the federal funding agency guidelines.

     (23) Salvage value: Means the probable sale price of an item, if offered for sale ((on the condition)) to knowledgeable buyers with the requirement that it will be removed from the property at the buyer's expense, ((allowing a reasonable period of time to find a person buying with knowledge of the uses and purposes for which it is adaptable and capable of being used, including separate use of serviceable components and scrap)) (i.e., not eligible for relocation assistance). This includes items for reuse as well as items with components that can be reused or recycled when there is no reasonable prospect of sale except on ((that)) this basis.

     (((17))) (24) Small business: Means any business having not more than five hundred employees working at the site being required or permanently displaced by a program or project, which site is the location of economic activity. Sites operated solely by outdoor advertising signs, displays, or devices do not qualify as a business for purposes of WAC 468-100-306.

     (((18))) (25) State: Means any department, commission, agency, or instrumentality of the state of Washington.

     (((19))) (26) Tenant: Means a person who has the temporary use and occupancy of real property owned by another.

     (((20))) (27) Uneconomic remnant: Means a parcel of real property in which the owner is left with an interest after the partial acquisition of the owner's property, and which the acquiring agency has determined has little or no value.

     (((21))) (28) Uniform Act: Means the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894; 42 U.S.C. 4601 et seq.; Pub. L. 91-646), and amendments thereto.

     (((22))) (29) Unlawful ((occupancy)) occupant: A person ((is considered to be in unlawful occupancy when such person has been ordered to move by a court prior to the initiation of negotiations for the acquisition of the occupied property)) who occupies without property right, title or payment of rent or a person legally evicted, with no legal rights to occupy a property under state law. An agency, at its discretion, may consider such person to be in lawful occupancy.

     (((23))) (30) Utility costs: The term utility costs means expenses for electricity, gas, other heating and cooking fuels, water and sewer.

     (31) Utility facility: The term utility facility means any electric, gas, water, steam power, or materials transmission or distribution system; any transportation system; any communications system, including cable television; and any fixtures, equipment, or other property associated with the operation, maintenance, or repair or any such system. A utility facility may be publicly, privately, or cooperatively owned.

     (32) Utility relocation: The term utility relocation means the adjustment of a utility facility required by the program or project undertaken by the displacing agency. It includes removing and reinstalling the facility, including necessary temporary facilities; acquiring necessary right of way on a new location; moving, rearranging or changing the type of existing facilities; and taking any necessary safety and protective measures. It shall also mean constructing a replacement facility that has the functional equivalency of the existing facility and is necessary for the continued operation of the utility service, the project economy, or sequence of project construction.

     (33) Voluntary transaction: Means a donation, exchange, market sale, or other type of agreement entered into without compulsion on the part of the agency.

     (34) Waiver valuation: The term waiver valuation means the valuation process used and the product produced when the agency determines that an appraisal is not required, pursuant to WAC 468-100-102 appraisal waiver provisions.

     Acronyms: The following acronyms are commonly used in the implementation of programs subject to this regulation.

     BCIS: Bureau of Citizenship of Immigration Service.

     DSS: Decent, safe and sanitary.

     FEMA: Federal Emergency Management Agency.

     FHA: Federal Housing Association.

     FHWA: Federal Highway Administration.

     FIRREA: Financial Institutions Reform, Recovery, and Enforcement Act of 1989.

     HLR: Housing of last resort.

     HUD: U.S. Department of Housing and Urban Development.

     MIDP: Mortgage interest differential payment.

     RHP: Replacement housing payment.

     STURAA: Surface Transportation and Uniform Relocation Act Amendments of 1987.

     URA: Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970.

     USDOT: U.S. Department of Transportation.

     USPAP: Uniform Standards of Professional Appraisal Practice.

[Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-002, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-002, filed 8/14/89, effective 9/14/89.]

     (a) Assure that the agency will comply with chapter 8.26 RCW and this chapter((,));

     (b) Contain specific reference to any state law which the agency believes provides an exception to RCW 8.26.180, 8.26.190, or this chapter((,));

     (c) Include appropriate provisions to carry out this chapter in a manner that minimizes the opportunity for, and/or the appearance of fraud, waste, and mismanagement((,)); and

     (d) Shall be prefaced by a certification that the agency will carry out its responsibilities for real property acquisition and relocation assistance in accordance with chapter 8.26 RCW and this chapter. A statement such as the following would satisfy the certification requirement:

     "The agency certifies that the agency will comply with chapter 8.26 RCW and chapter 468-100 WAC in connection with the acquisition of real property for, and relocation of persons displaced by, a program or project of the agency."

     The agency shall maintain a record copy of such procedures available for public review at any reasonable time and location.

     (2) Temporary relocation: In the case of a person that will not be displaced but is required to relocate temporarily because of the project, the provisions of WAC 468-100-204(3) shall apply.

     (3) Monitoring and corrective action: The funding agency will monitor compliance with this chapter, and the acquiring agency and/or displacing agency shall take whatever corrective action is necessary to comply with chapter 8.26 RCW and this chapter. The funding agency may also apply sanctions in accordance with applicable program regulations.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-004, filed 8/14/89, effective 9/14/89.]

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-005, filed 8/14/89, effective 9/14/89.]

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-007, filed 8/14/89, effective 9/14/89.]

     (2) Confidentiality of records: Records maintained by an agency in accordance with this chapter are confidential regarding their use as public information, unless applicable law provides otherwise.

     (3) Reports: The agency shall submit a report of its real property acquisition and displacement activities under this chapter if required by the federal agency funding ((agency)) the project. A report will not be required more frequently than every three years, or as the Uniform Act provides, unless the funding agency shows good cause.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-009, filed 8/14/89, effective 9/14/89.]

     (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 ((468-100-106 or 468-100-107)) 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: RCW 47.01101(5) and chapter 34.05 RCW. 94-14-102 (Order 146), § 468-100-010, filed 7/6/94, effective 8/6/94. Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-010, filed 8/14/89, effective 9/14/89.]

     (1) Except as provided in subsection (2) of this section, the requirements of RCW 8.26.180 through 8.26.200 apply to any agency acquisition of real property for a program or project where the agency's program or project is carried out under threat of eminent domain including amicable agreements. Whether or not the acquiring agency has or intends to use the power of eminent domain, the requirements of RCW 8.26.180 through 8.26.200 apply to any project or program where there is an intended, planned, or designated project area, and all, or substantially all, of the property within that area is eventually intended to be acquired.

     (2) Provided it does not conflict with subsection (1) of this section, an agency may determine that the requirements of RCW 8.26.180 through 8.26.200 do not apply to:

     (a) Voluntary transactions (defined in WAC 468-100-002(((22)[(23)])) (33)) if all of the following conditions are present:

     (i) No specific site or property needs to be acquired, although the agency may limit its search for alternative sites to a general geographic area.

     (ii) The property to be acquired is not part of an intended, planned, or designated project area where all, or substantially all, of the property within the area is eventually to be acquired.

     (iii) The agency will not acquire the property in the event negotiations fail to result in an amicable agreement, and the owner is so informed in writing.

     (b) The acquisition of real property from a federal, state, or local public agency, if the acquiring agency does not have the authority to acquire the property through condemnation.

     (3) In those situations where an agency wishes to purchase more than one site within a geographic area on a "voluntary transaction" basis, all owners shall be treated similarly.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-101, filed 8/14/89, effective 9/14/89.]

     (a) The purpose and/or the function of the appraisal, a definition of the estate being appraised, and a statement of the assumptions and limiting conditions affecting the appraisal.

     (b) An adequate description of the physical characteristics of the property being appraised (and, in the case of a partial acquisition, an adequate description of the remaining property), a statement of the known and observed encumbrances if any, title information, location, zoning, present use, an analysis of highest and best use, and at least a five-year sales history of the property.

     (c) All relevant and reliable approaches to value consistent with commonly accepted professional appraisal practices. When sufficient market sales data are available to reliably support the fair market value for the specific appraisal problem encountered, the agency, at its discretion, may require only the market approach. If more than one approach is utilized, there shall be an analysis and reconciliation of approaches to value that are sufficient to support the appraiser's opinion of value.

     (d) A description of comparable sales, including a description of all relevant physical, legal, and economic factors such as parties to the transaction, source and method of financing, and verification by a party involved in the transaction.

     (e) A statement of the value of the real property to be acquired and, for a partial acquisition, a statement of the value of the damages and benefits, if any, to the remaining real property.

     (f) The effective date of valuation, date of appraisal, signature, and certification of the appraiser.

     (2) Influence of the project on just compensation. To the extent permitted by applicable law, the appraiser in his "before" valuation shall disregard any decrease or increase in the fair market value of the real property caused by the project for which the property is to be acquired, or by the likelihood that the property would be acquired for the project, other than that due to the physical deterioration within the reasonable control of the owner.

     (3) Owner retention of improvements: If the owner of a real property improvement agrees and is permitted to obtain the right to remove it in whole or in part from the project site, the amount to be offered for the interest in the real property to be acquired shall be the amount determined to be just compensation for the owner's entire interest in the real property. The salvage value (defined in WAC 468-100-002(((15)[(16)])) (23)) of the improvement to be removed shall be deducted from the agency's payment.

     (4) Qualifications of appraisers: The agency shall establish criteria for determining the minimum qualifications of appraisers. Appraiser qualifications shall be consistent with the level of difficulty of the appraisal assignment. The agency shall review the experience, education, training, and other qualifications of appraisers, including review appraisers, and utilize only those determined to be qualified.

     (5) Conflict of interest: No appraiser or review appraiser shall have any interest, direct or indirect, in the real property being appraised for the agency that would in any way conflict with the preparation or review of the appraisal. Compensation for making an appraisal shall not be based on the amount of the valuation.

     No person shall attempt to unduly influence or coerce an appraiser, review appraiser, or waiver valuation preparer regarding any valuation or other aspect of an appraisal, review or waiver valuation. Persons functioning as negotiators may not supervise or formally evaluate the performance of any appraiser or review appraiser performing appraisal or appraisal review work.

     No appraiser shall act as a negotiator for real property which that person has appraised, except that the agency may permit the same person to both appraise and negotiate an acquisition where the value of the acquisition is ten thousand dollars, or less.

[Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-102, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-102, filed 8/14/89, effective 9/14/89.]

     (2) Improvements considered to be real property: Any building, structure, or other improvement, which would be considered to be real property if owned by the owner of the real property on which it is located, shall be considered to be real property for purposes of WAC 468-100-101 through 468-100-106.

     (3) Appraisal and establishment of just compensation for tenant-owned realty improvements: Just compensation for a tenant-owned realty improvement is the amount which the improvement contributes to the fair market value of the whole property or its salvage value, whichever is greater. (Salvage value is defined in WAC 468-100-002(((15)[(16)])) (23).)

     (4) Special conditions: No payment shall be made to a tenant-owner to acquire any real property improvement or relocate any tenant-owned real estate fixture unless:

     (a) The owner of the real property on which the improvement is located disclaims all interest in the tenant's realty improvement or fixture; and

     (b) The tenant-owner, in consideration for the acquisition payment, assigns, transfers, and releases to the agency all of the tenant-owner's right, title, and interest in the realty improvement; and

     (c) The payment does not result in the duplication of any compensation otherwise authorized by law.

     (5) Alternative compensation: Nothing in WAC 468-100-101 through 468-100-106 shall be construed to deprive the tenant-owner of any right to reject payment under WAC 468-100-101 through 468-100-106 and to obtain payment for such property interests in accordance with other applicable law.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-104, filed 8/14/89, effective 9/14/89.]

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-201, filed 8/14/89, effective 9/14/89.]

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-202, filed 8/14/89, effective 9/14/89.]

     (1) General ((relocation)) information notice: As soon as feasible, a person scheduled to be displaced shall be furnished with a general written description of the agency's relocation program which does at least the following:

     (a) Informs the person that the person may be displaced for the project and generally describes the relocation payment(s) for which the person may be eligible, the basic conditions of eligibility, and the procedures for obtaining the payment(s).

     (b) Informs the person that the person will be given reasonable relocation advisory services, including referrals to replacement properties, help in filing payment claims, and other necessary assistance to help the person successfully relocate.

     (c) Informs the person that the person will not be required to move without at least ninety days' advance written notice (see subsection (3) of this section), and informs any person to be displaced from a dwelling that the person cannot be required to move permanently unless at least one comparable replacement dwelling has been made available.

     (d) Describes the person's right to appeal the agency's determination as to eligibility for, or the amount of, any relocation payment for which the person may be eligible.

     (2) Notice of relocation eligibility:

     (a) Eligibility for relocation assistance shall begin on the date of a notice of intent to acquire (defined in WAC 468-100-203(4)), the initiation of negotiations (defined in WAC 468-100-002(((11)[(12)])) (15)) ((for the occupied property)), or actual acquisition, whichever occurs first. When this occurs, the agency shall promptly ((provide written notice to all occupants to be displaced)) notify all occupants in writing of their eligibility for applicable relocation assistance in accordance with WAC 468-100-005.

     (b) An occupant may subsequently be provided a notice of noneligibility if the agency determines the person will not be displaced. Such notice may be issued only if the person has not moved and the agency agrees to reimburse the person for any expenses incurred to satisfy any binding contractual relocation obligations entered into after the effective date of the notice of relocation eligibility.

     (3) Ninety-day notice:

     (a) General: No lawful occupant shall be required to move unless the occupant has received at least ninety days advance written notice of the earliest date by which he or she may be required to move.

     (b) Timing of notice: The displacing agency may issue the notice ninety days before it expects the person to be displaced or earlier.

     (c) Content of notice: The ninety-day notice shall either state a specific date as the earliest date by which the occupant may be required to move, or state that the occupant will receive a further notice indicating, at least thirty days in advance, the specific date by which the occupant must move. If the ninety-day notice is issued before a comparable replacement dwelling is made available, the notice must state clearly that the occupant will not have to move earlier than ninety days after such a dwelling is made available. (See WAC 468-100-204(1).)

     (d) Informs the person that any person who is an alien not lawfully present in the United States is ineligible for relocation advisory services and relocation payments, unless such ineligibility would result in exceptional and extremely unusual hardship to a qualifying spouse, parent, or child, as defined in WAC 468-100-208(((9))) (8).

     (e) Urgent need: In unusual circumstances, an occupant may be required to vacate the property on less than ninety days advance written notice if the agency determines that a ninety-day notice is impracticable, such as when the person's continued occupancy of the property would constitute a substantial danger to health or safety. A record of the agency's determination shall be included in the applicable case file.

     (4) Notice of intent to acquire: A notice of intent to acquire is a displacing agency's written communication that is provided to a person to be displaced, including those to be displaced by rehabilitation or demolition activities from property acquired prior to the commitment of federal financial assistance to the activity, which clearly sets forth that the agency intends to acquire the property. A notice of intent to acquire establishes eligibility for relocation assistance prior to the initiation of negotiations and/or prior to the commitment of federal financial assistance.

[Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-203, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-203, filed 8/14/89, effective 9/14/89.]

     (1) Policy: Three or more comparable replacement dwellings shall be made available unless such numbers are not available on the local housing market. When otherwise feasible, in accordance with WAC 468-100-205 (3)(b)(iii) and 468-100-403 (1)(d), comparable replacement dwellings to be made available to minority persons may include dwellings not located in an area of minority concentration. A comparable replacement dwelling will be considered to have been made available to a person, if:

     (a) The person is informed of its location; and

     (b) The person has sufficient time to negotiate and enter into a purchase agreement or lease for the property; and

     (c) Subject to reasonable safeguards, the person is assured of receiving the relocation assistance and acquisition payment to which the person is entitled in sufficient time to complete the purchase or lease of the property.

     (2) Circumstances permitting waiver: The funding agency may grant a waiver of the policy in subsection (1) of this section in any case where it is demonstrated that a person must move because of:

     (a) A major disaster as defined in Section 102(c) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ((of 1974)), as amended (42 U.S.C. ((5121)) 5122); or

     (b) A presidentially declared national emergency; or

     (c) Another emergency which requires immediate vacation of the real property, such as when continued occupancy of the displacement dwelling constitutes a substantial danger to the health or safety of the occupants or the public.

     (3) Basic conditions of emergency move: Whenever a person to be displaced is required to relocate from the displacement dwelling for a temporary period because of an emergency as described in subsection (2) of this section, for purposes of filing a claim and meeting the eligibility requirements for a relocation payment, the date of displacement is the date the person moves from the temporarily-occupied dwelling. The agency shall:

     (a) Take whatever steps are necessary to assure that the person is temporarily relocated to a decent, safe and sanitary dwelling;

     (b) Pay the actual reasonable out-of-pocket moving expenses and any reasonable increase in ((monthly housing)) rent and utility costs incurred in connection with the temporary relocation; and

     (c) Make available to the displaced person as soon as feasible, at least one comparable replacement dwelling.

     (d) The person is entitled to be heard according to WAC 468-100-010 in the event of a grievance.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-204, filed 8/14/89, effective 9/14/89.]

     (a) An estimate of the number of households to be displaced including information such as owner/tenant status, estimated value and rental rates of properties to be acquired, family characteristics, and special consideration of the impacts on minorities, the elderly, large families, and ((the handicapped)) persons with disabilities when applicable.

     (b) An estimate of the number of comparable replacement dwellings in the area (including price ranges and rental rates) that may be available to fulfill the needs of those households displaced. When an adequate supply of comparable housing is not expected to be available, ((consideration of last resort housing actions should be instituted)) the agency should consider housing of last resort actions.

     (c) An estimate of the number, type and size of the businesses, farms, and nonprofit organizations to be displaced and the approximate number of employees that may be affected.

     (d) An estimate of the availability of replacement business sites. When an adequate supply of replacement business sites is not expected to be available, the impacts of displacing the businesses should be considered and addressed. Planning for displaced businesses which are reasonably expected to involve complex or lengthy moving processes or small businesses with limited financial resources and/or few alternative relocation sites should include an analysis of business moving problems.

     (e) Consideration of any special relocation advisory services that may be necessary from the displacing agency and other cooperating agencies.

     (2) Loans for planning and preliminary expenses: In the event that an agency elects to consider using the duplicative provision in Section 215 of the Uniform Act which permits the use of project funds for loans to cover planning and other preliminary expenses for the development of additional housing, the lead agency will establish criteria and procedures for such use upon the request of the federal agency funding the program or project.

     (3) Relocation assistance advisory services((,)):

     General: The agency shall carry out a relocation assistance advisory program which satisfies the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.), Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), and Executive Order 11063 (27 FR 11527), and offers the services described in subsection (3) of this section. If the agency determines that a person occupying property adjacent to the real property acquired for the project is caused substantial economic injury because of such acquisition, it may offer the services to such person.

     (((3))) (4) Services to be provided: The advisory program shall include such measures, facilities, and services as may be necessary or appropriate in order to:

     (a) Determine, for nonresidential (businesses, farm, and nonprofit organizations) displacements, the relocation needs and preferences of each ((person)) business (farm and nonprofit organization) to be displaced and explain the relocation payments and other assistance for which the ((person)) business may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each ((person)) business. At a minimum, interviews with the displaced business owners and operators should include the following items:

     (i) The business's replacement site requirements, current lease terms and other contractual obligations and the financial capacity of the business to accomplish the move.

     (ii) Determination of the need for outside specialists in accordance with WAC 468-100-301 (7)(k) that will be required to assist in planning the move, assistance in the actual move, and in the reinstallation of machinery and/or other personal property.

     (iii) For businesses, an identification and resolution of personalty/realty issues. Every effort must be made to identify and resolve realty/personalty issues prior to, or at the time of, the appraisal of the property.

     (iv) An estimate of the time required for the business to vacate the site.

     (v) An estimate of the anticipated difficulty in locating a replacement property.

     (vi) An identification of any advance relocation payments required for the move, and the agency's legal capacity to provide them.

     (b) Determine, for residential displacements, the relocation needs and preferences of each person to be displaced and explain the relocation payments and other assistance for which the person may be eligible, the related eligibility requirements, and the procedures for obtaining such assistance. This shall include a personal interview with each residential displaced person.

     (i) Provide current and continuing information on the availability, purchase prices, and rental costs of comparable replacement dwellings, and explain that the person cannot be required to move unless at least one comparable replacement dwelling is made available as set forth in WAC 468-100-204(1).

     (((i))) (ii) As soon as feasible, the agency shall inform the person in writing of the specific comparable replacement dwelling and the price or rent used for establishing the upper limit of the replacement housing payment (see WAC 468-100-403 (1) and (2)) and the basis for the determination, so that the person is aware of the maximum replacement housing payment for which the person may qualify.

     (((ii))) (iii) Where feasible, housing shall be inspected prior to being made available to assure that it meets applicable standards. (See WAC 468-100-002 (((4)[(5)] and (6)[(7)])) (8).) If such an inspection is not made, the agency shall notify the person to be displaced ((shall be notified)) that a replacement housing payment may not be made unless the replacement dwelling is subsequently inspected and determined to be DSS.

     (((iii))) (iv) Whenever possible, minority persons shall be given reasonable opportunities to relocate to DSS replacement dwellings, not located in an area of minority concentration, that are within their financial means. This policy, however, does not require an agency to provide a person a larger payment than is necessary to enable a person to relocate to a comparable replacement dwelling.

     (((iv))) (v) The agency shall offer all displaced persons, ((especially the elderly and handicapped, shall be offered)) transportation to inspect housing to which they are referred.

     (vi) Any displaced person that may be eligible for government housing assistance at the replacement dwelling shall be advised of any requirements of such government housing assistance program that would limit the size of the replacement dwelling (see WAC 468-100-002 (6)(i)) as well as the long-term nature of such rent subsidy, and the limited (forty-two-month) duration of the relocation rental assistance payment.

     (c) Provide, for nonresidential moves, current and continuing information on the availability, purchase prices, and rental costs of comparable and suitable commercial and farm properties and locations. Assist any person displaced from a business or farm operation to obtain and become established in a suitable replacement location.

     (d) Minimize hardships to persons in adjusting to relocation by providing counseling, advice as to other sources of assistance that may be available, and such other help as may be appropriate.

     (e) Supply persons to be displaced with appropriate information concerning federal and state housing programs, disaster loans and other programs administered by the Small Business Administration, and other federal, state, and local programs offering assistance to persons to be displaced.

     (f) Any person who occupies property acquired by an agency, when such occupancy began subsequent to the acquisition of the property, and the occupancy is permitted by a short-term rental agreement or an agreement subject to termination when the property is needed for a program or project, shall be eligible for advisory services, as determined by the agency.

     (((4))) (5) Coordination of relocation activities: Relocation activities shall be coordinated with project work and other displacement-causing activities to ensure that, to the extent feasible, persons displaced receive consistent treatment and the duplication of functions is minimized.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-205, filed 8/14/89, effective 9/14/89.]

     (2) For purposes of determining eligibility for relocation payments, the date of displacement is the date the person moves, or if later, the date a comparable replacement dwelling is made available. This section applies only to persons who would otherwise have been displaced by the project.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-206, filed 8/14/89, effective 9/14/89.]

     (2) Expeditious payments: The agency shall review claims in an expeditious manner. The claimant shall be promptly notified as to any additional documentation that is required to support the claim. Payment for a claim shall be made as soon as feasible following receipt of sufficient documentation to support the claim.

     (3) Advance payments: If a person demonstrates the need for an advance relocation payment in order to avoid or reduce a hardship, the agency shall issue the payment, subject to such safeguards as are appropriate to ensure that the objective of the payment is accomplished.

     (4) Time for filing:

     (a) All claims for a relocation payment shall be filed with the agency within eighteen months after:

     (((a))) (i) For tenants, the date of displacement;

     (((b))) (ii) For owners, the date of displacement or the date of the final payment for the acquisition of the real property, whichever is later.

     (b) This time period shall be waived by the agency for good cause.

     (5) ((Multiple occupants of one displacement dwelling: If two or more occupants of the displacement dwelling move to separate replacement dwellings, each occupant is entitled to a reasonable prorated share, as determined by the agency, of any relocation payments that would have been made if the occupants moved together to a comparable replacement dwelling. However, if the agency determines that two or more occupants maintained separate households within the same dwelling, such occupants have separate entitlements to relocation payments.

     (6) Deductions from relocation payments: An agency shall deduct the amount of any advance relocation payment from the relocation payment(s) to which a displaced person is otherwise entitled. Similarly where such a deduction would not prevent the displaced person from obtaining a comparable replacement dwelling as required by WAC 468-100-204, an agency may, deduct from relocation payments any rent that the displaced person owes the agency. The agency shall not withhold any part of a relocation payment to a displaced person to satisfy an obligation to any other creditor.

     (7))) Notice of denial of claim: If the agency disapproves all or part of a payment claimed or refuses to consider the claim on its merits because of untimely filing or other grounds, it shall promptly notify the claimant in writing of its determination, the basis for its determination, and the procedures for appealing that determination.

     (6) No waiver of relocation assistance: A displacing agency shall not propose or request that a displaced person waive his or her rights or entitlements to relocation assistance and benefits provided by the Uniform Act and this regulation.

     (7) Expenditure of payments: Payments, provided pursuant to this part, shall not be considered to constitute federal financial assistance. Accordingly, this part does not apply to the expenditure of such payments by, or for, a displaced person.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-207, filed 8/14/89, effective 9/14/89.]

     (a) In the case of an individual, that he or she is either a citizen or national of the United States, or an alien who is lawfully present in the United States.

     (b) In the case of a family, that each family member is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the head of the household on behalf of other family members.

     (c) In the case of an unincorporated business, farm, or nonprofit organization, that each owner is either a citizen or national of the United States, or an alien who is lawfully present in the United States. The certification may be made by the principal owner, manager, or operating officer on behalf of other persons with an ownership interest.

     (d) In the case of an incorporated business, farm, or nonprofit organization, that the corporation is authorized to conduct business within the United States.

     (2) The certification provided pursuant to subsection (1)(a), (b) and (c) of this section shall indicate whether such person is either a citizen or national of the United States, or an alien who is lawfully present in the United States. Requirements concerning the certification in addition to those contained in this rule shall be within the discretion of the federal funding agency and, within those parameters, that of the displacing agency.

     (3) In computing relocation payments under the Uniform Act, if any member(s) of a household or owner(s) of an unincorporated business, farm, or nonprofit organization is (are) determined to be ineligible because of a failure to be legally present in the United States, no relocation payments may be made to him or her. Any payment(s) for which such household, unincorporated business, farm, or nonprofit organization would otherwise be eligible shall be computed for the household, based on the number of eligible household members and for the unincorporated business, farm, or nonprofit organization, based on the ratio of ownership between eligible and ineligible owners.

     (4) The displacing agency shall consider the certification provided pursuant to subsection (1) of this section to be valid, unless the displacing agency determines in accordance with subsection (6) of this section that it is invalid based on a review of an alien's documentation or other information that the agency considers reliable and appropriate.

     (5) Any review by the displacing agency of the certifications provided pursuant to subsection (1) of this section shall be conducted in a nondiscriminatory fashion. Each displacing agency will apply the same standard of review to all such certifications it receives, except that such standard may be revised periodically.

     (6) If, based on a review of an alien's documentation or other credible evidence, a displacing agency has reason to believe that a person's certification is invalid (for example a document reviewed does not on its face reasonably appear to be genuine), and that, as a result, such person may be an alien not lawfully present in the United States, it shall obtain the following information before making a final determination:

     (a) If the agency has reason to believe that the certification of a person who has certified that he or she is an alien lawfully present in the United States is invalid, the displacing agency shall obtain verification of the alien's status from the local Bureau of Citizenship and Immigration ((and Naturalization Service (INS))) (BCIS) Office. A list of local ((INS)) BCIS offices ((was published in the Federal Register in November 17, 1997, at 62 FR 61350)) is available at http://www.uscis.gov/graphics/fieldoffices/alphaa.htm. Any request for ((INS)) BCIS verification shall include the alien's full name, date of birth and alien number, and a copy of the alien's documentation. (If an agency is unable to contact the ((INS)) BCIS, it may contact the FHWA in Washington, DC ((at 202-366-2035 (Marshall Schy)), Office of Real Estate Services(())) or ((202-366-1371 (Reid Alsop,)) Office of Chief Counsel(())), for a referral to the ((INS)) BCIS.)

     (b) If an agency has reason to believe that the certification of a person who has certified that he or she is a citizen or national is invalid, the displacing agency shall request evidence of United States citizenship or nationality from such person and, if considered necessary, verify the accuracy of such evidence with the issuer.

     (7) No relocation payments or relocation advisory assistance shall be provided to a person who has not provided the certification described in this section or who has been determined to be not lawfully present in the United States, unless such person can demonstrate to the displacing agency's satisfaction that the denial of relocation benefits will result in an exceptional and extremely unusual hardship to such person's spouse, parent, or child who is a citizen of the United States, or is an alien lawfully admitted for permanent residence in the United States.

     (8) For purposes of subsection (7) of this section, "exceptional and extremely unusual hardship" to such spouse, parent, or child of the person not lawfully present in the United States means that the denial of relocation payments and advisory assistance to such person will directly result in:

     (a) A significant and demonstrable adverse impact on the health or safety of such spouse, parent, or child;

     (b) A significant and demonstrable adverse impact on the continued existence of the family unit of which such spouse, parent, or child is a member; or

     (c) Any other impact that the displacing agency determines will have a significant and demonstrable adverse impact on such spouse, parent, or child.

     (9) The certification referred to in subsection (1) of this section may be included as part of the claim for relocation payments described in WAC 468-100-207.

[Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-208, filed 12/22/00, effective 1/22/01. Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-208, filed 8/14/89, effective 9/14/89.]

[Statutory Authority: Chapter 8.26 RCW and WSR 89-17-048 (Order 121). 01-02-027, § 468-100-209, filed 12/22/00, effective 1/22/01.]

     (9) Reimburse other moving-relating expenses that are not listed as ineligible under WAC 468-100-305, as the agency determines to be reasonable and necessary.)) (1) General.

     (a) Any owner-occupant or tenant who qualifies as a displaced person (defined at WAC 468-100-002(9)) and who moves from a dwelling (including a mobile home) or who moves from a business, farm or nonprofit organization is entitled to payment of his or her actual moving and related expenses, as the agency determines to be reasonable and necessary.

     (b) A nonoccupant owner of a rented mobile home is eligible for actual cost reimbursement under this section to relocate the mobile home. If the mobile home is not acquired as real estate, but the homeowner-occupant obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502 (1)(c), the homeowner-occupant is not eligible for payment for moving the mobile home, but may be eligible for a payment for moving personal property from the mobile home.

     (2) Moves from a dwelling. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a dwelling may be determined based on the cost of one, or a combination of the following methods: Eligible expenses for moves from a dwelling include the expenses described in subsection (7)(a) through (g) of this section. Self-moves based on the lower of two bids or estimates are not eligible for reimbursement under this section.

     (a) Commercial move - moves performed by a professional mover.

     (b) Self-move - moves that may be performed by the displaced person in one or a combination of the following methods:

     (i) Fixed residential moving cost schedule (described in WAC 468-100-302).

     (ii) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.

     (3) Moves from a mobile home. A displaced person's actual, reasonable and necessary moving expenses for moving personal property from a mobile home may be determined based on the cost of one, or a combination of the following methods: Self-moves based on the lower of two bids or estimates are not eligible for reimbursement under this section. Eligible expenses for moves from a mobile home include those expenses described in subsection (7)(a) through (g) of this section (however, if the mobile home is not acquired but the owner obtains a replacement housing payment under one of the circumstances described in WAC 468-100-502, the owner is not eligible for payment for moving the mobile home). In addition to the items in subsection (1) of this section, the owner-occupant of a mobile home that is moved as personal property and used as the person's replacement dwelling, is also eligible for the moving expenses described in subsection (7)(h) through (j) of this section.

     (a) Commercial move - moves performed by a professional mover.

     (b) Self-move - moves that may be performed by the displaced person in one or a combination of the following methods:

     (i) Fixed residential moving cost schedule (described in WAC 468-100-302).

     (ii) Actual cost move. Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the cost paid by a commercial mover. Equipment rental fees should be based on the actual cost of renting the equipment but not exceed the cost paid by a commercial mover.

     (4) Moves from a business, farm or nonprofit organization. Personal property as determined by an inventory from a business, farm or nonprofit organization may be moved by one or a combination of the following methods: Eligible expenses for moves from a business, farm or nonprofit organization include those expenses described in subsection (7)(a) through (g) of this section and subsection (7)(k) through (r) of this section and WAC 468-100-303.

     (a) Commercial move. Based on the lower of two bids or estimates prepared by a commercial mover. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate.

     (b) Self-move. A self-move payment may be based on one or a combination of the following:

     (i) The lower of two bids or estimates prepared by a commercial mover or qualified agency staff person. At the agency's discretion, payment for a low-cost or uncomplicated move may be based on a single bid or estimate; or

     (ii) Supported by receipted bills for labor and equipment. Hourly labor rates should not exceed the rates paid by a commercial mover to employees performing the same activity and equipment rental fees should be based on the actual rental cost of the equipment but not to exceed the cost paid by a commercial mover.

     (5) Personal property only. Eligible expenses for a person who is required to move personal property from real property but is not required to move from a dwelling (including a mobile home), business, farm or nonprofit organization include those expenses described in subsection (7)(a) through (g) and (r) of this section.

     (6) Advertising signs. The amount of a payment for direct loss of an advertising sign, which is personal property, shall be the lesser of:

     (a) The depreciated reproduction cost of the sign, as determined by the agency, less the proceeds from its sale; or

     (b) The estimated cost of moving the sign, but with no allowance for storage.

     (7) Eligible actual moving expenses.

     (a) Transportation of the displaced person and personal property. Transportation costs for a distance beyond fifty miles are not eligible, unless the agency determines that relocation beyond fifty miles is justified.

     (b) Packing, crating, unpacking, and uncrating of the personal property.

     (c) Disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. For businesses, farms or nonprofit organizations this includes machinery, equipment, substitute personal property, and connections to utilities available within the building; it also includes modifications to the personal property, including those mandated by federal, state or local law, code or ordinance, necessary to adapt it to the replacement structure, the replacement site, or the utilities at the replacement site, and modifications necessary to adapt the utilities at the replacement site to the personal property (expenses for providing utilities from the right of way to the building or improvement are excluded).

     (d) Storage of the personal property for a period not to exceed twelve months, unless the agency determines that a longer period is necessary.

     (e) Insurance for the replacement value of the property in connection with the move and necessary storage.

     (f) The replacement value of property lost, stolen, or damaged in the process of moving (not through the fault or negligence of the displaced person, his or her agent, or employee) where insurance covering such loss, theft, or damage is not reasonably available.

     (g) Other moving-related expenses that are not listed as ineligible under subsection (8) of this section as the agency determines to be reasonable and necessary.

     (h) The reasonable cost of disassembling, moving, and reassembling any appurtenances attached to a mobile home, such as porches, decks, skirting, and awnings, which were not acquired, anchoring of the unit, and utility "hookup" charges.

     (i) The reasonable cost of repairs and/or modifications so that a mobile home can be moved and/or made decent, safe, and sanitary.

     (j) The cost of a nonrefundable mobile home park entrance fee, to the extent it does not exceed the fee at a comparable mobile home park, if the person is displaced from a mobile home park or the agency determines that payment of the fee is necessary to effect relocation.

     (k) Any license, permit, fees or certification required of the displaced person at the replacement location. However, the payment may be based on the remaining useful life of the existing license, permit, fees or certification.

     (l) Professional services as the agency determines to be actual, reasonable and necessary for:

     (i) Planning the move of the personal property;

     (ii) Moving the personal property; and

     (iii) Installing the relocated personal property at the replacement location.

     (m) Relettering signs and replacing stationery on hand at the time of displacement that are made obsolete as a result of the move.

     (n) Actual direct loss of tangible personal property incurred as a result of moving or discontinuing the business or farm operation. The payment shall consist of the lesser of:

     (i) The fair market value in place of the item, as is for continued use, less the proceeds from its sale (to be eligible for payment, the claimant must make a good faith effort to sell the personal property, unless the agency determines that such effort is not necessary. When payment for property loss is claimed for goods held for sale, the market value shall be based on the cost of the goods to the business, not the potential selling prices); or

     (ii) The estimated cost of moving the item as is, but not including any allowance for storage; or for reconnecting a piece of equipment if the equipment is in storage or not being used at the acquired site. If the business or farm operation is discontinued, the estimated cost of moving the item shall be based on a moving distance of fifty miles.

     (o) The reasonable cost incurred in attempting to sell an item that is not to be relocated.

     (p) Purchase of substitute personal property. If an item of personal property, which is used as part of a business or farm operation,is not moved but is promptly replaced with a substitute item that performs a comparable function at the replacement site, the displaced person is entitled to payment of the lesser of:

     (i) The cost of the substitute item, including installation costs of the replacement site, minus any proceeds from the sale or trade-in of the replaced item; or

     (ii) The estimated cost of moving and reinstalling the replaced item but with no allowance for storage. At the agency's discretion, the estimated cost for a low-cost or uncomplicated move may be based on a single bid or estimate.

     (q) Searching for a replacement location. A business or farm operation is entitled to reimbursement for actual expenses, not to exceed two thousand five hundred dollars, as the agency determines to be reasonable, which are incurred in searching for a replacement location, including:

     (i) Transportation;

     (ii) Meals and lodging away from home;

     (iii) Time spent searching, based on reasonable salary or earnings;

     (iv) Fees paid to a real estate agent or broker to locate a replacement site, exclusive of any fees or commissions related to the purchase of such sites;

     (v) Time spent in obtaining permits and attending zoning hearings; and

     (vi) Time spent negotiating the purchase of a replacement site based on a reasonable salary or earnings.

     (r) Low value/high bulk. When the personal property to be moved is of low value and high bulk, and the cost of moving the property would be disproportionate to its value in the judgment of the displacing agency, the allowable moving cost payment shall not exceed the lesser of: The amount which would be received if the property were sold at the site or the replacement cost of a comparable quantity delivered to the new business location. Examples of personal property covered by this provision include, but are not limited to, stockpiled sand, gravel, minerals, metals and other similar items of personal property as determined by the agency.

     (8) Ineligible moving and related expenses. A displaced person is not entitled to payment for:

     (a) The cost of moving any structure or other real property improvement in which the displaced person reserved ownership (however, this part does not preclude the computation under WAC 468-100-401 (2)(d)(iii));

     (b) Interest on a loan to cover moving expenses;

     (c) Loss of goodwill;

     (d) Loss of profits;

     (e) Loss of trained employees;

     (f) Any additional operating expenses of a business or farm operation incurred because of operating in a new location except as provided in WAC 468-100-360 (1)(f);

     (g) Personal injury;

     (h) Any legal fee or other cost for preparing a claim for a relocation payment or for representing the claimant before the agency;

     (i) Expenses for searching for a replacement dwelling;

     (j) Physical changes to the real property at the replacement location of a business or farm operation except as provided in WAC 468-100-301 (7)(c) and 468-100-306(1);

     (k) Costs for storage of personal property on real property already owned or leased by the displaced person; and

     (l) Refundable security and utility deposits.

     (9) Notification and inspection (nonresidential). The agency shall inform the displaced person, in writing, of the requirements of this section as soon as possible after the initiation of negotiations. This information may be included in the relocation information provided the displaced person as set forth in WAC 468-100-203. To be eligible for payments under this section, the displaced person must:

     (a) Provide the agency reasonable advance notice of the approximate date of the start of the move or disposition of the personal property and an inventory of the items to be moved. However, the agency may waive this notice requirement after documenting its file accordingly.

     (b) Permit the agency to make reasonable and timely inspections of the personal property at both the displacement and replacement sites and to monitor the move.

     (10) Transfer of ownership (nonresidential). Upon request and in accordance with applicable law, the claimant shall transfer to the agency ownership of any personal property that has not been moved, sold, or traded-in.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-301, filed 8/14/89, effective 9/14/89.]

*The fixed residential moving cost schedule is available at the following URL: http://www.fhwa.dot.gov//////realestate/fixsch96.htm. Agencies are cautioned to ensure they are using the most recent edition.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-302, filed 8/14/89, effective 9/14/89.]

     (b) The estimated cost of moving the sign, but with no allowance for storage.)) The following expenses, in addition to those provided by WAC 468-100-301 for moving personal property, shall be provided if the agency determines that they are actual, reasonable and necessary:

     (1) Connection to available nearby utilities from the right of way to improvements at the replacement site.

     (2) Professional services performed prior to the purchase or lease of a replacement site to determine its suitability for the displaced person's business operation including, but not limited to, soil testing, feasibility and marketing studies (excluding any fees or commissions directly related to the purchase or lease of such site). At the discretion of the agency a reasonable preapproved hourly rate may be established.

     (3) Impact fees or one-time assessments for anticipated heavy utility usage, as determined necessary by the agency.

[Statutory Authority: Chapter 8.26 RCW. 89-17-048 (Order 121), § 468-100-303, filed 8/14/89, effective 9/14/89.]