Washington Administrative Code

(1) Scope of section: This section governs all motions made to the presiding officer except those made orally on the record during an adjudicative proceeding.(2) Form: A motion must be in writing. It must state the order of relief requested and the grounds for the motion. It may …

(1) Conference: The presiding officer, as a matter of discretion, with or without a motion from a party, may direct the applicant or applicant's representative to appear before the presiding officer for a conference to consider:(a) The definition and simplification of issues;(b) …

(1) General rules on admissibility: Presiding officers shall admit and give probative value to evidence that is admissible in the superior courts of the state of Washington in a trial. In addition, a presiding officer may admit and give probative effect to other evidence on which…

(1) Except in brief adjudicative proceedings, initial orders in all adjudicative proceedings before the department will become final without further action by the department unless, within twenty days of the date of service of the initial order, a petition for review is filed wit…

(1) Pursuant to RCW 34.05.482, the department will use brief adjudicative proceedings where not violative of law and where protection of the public interest does not require the department to give notice and an opportunity to participate to persons other than the parties. The dep…

(1) This chapter promulgates rules to implement and comply with chapter 8.26 RCW (Relocation assistance—Real property acquisition policy), Title 49 C.F.R. Part 24, and other applicable laws which establish the requirements for the state, local public agencies, and other persons w…

Definitions: For the purposes of this chapter, certain terms are defined as follows:(1) Agency means the federal agency, state, state agency, or person that acquires real property or displaces a person.(a) Acquiring agency means a state agency, as defined in (d) of this subsectio…

No person shall receive any payment under this part if that person receives a payment under federal, state, local law, or insurance proceeds which is determined to have the same purpose and effect as such payment under this chapter. The agency shall avoid creating a duplication b…

(1) Assurances: Prior to a state agency or local public agency commencement of any project phase that will result in real property acquisition or displacement that is subject to chapter 8.26 RCW, the agency shall prepare and adopt operating procedures. Such procedures shall:(a) A…

(1) Each notice that the agency is required to provide to a property owner or occupant under this chapter, except the notice described in WAC 468-100-102(2) shall be personally served or sent by certified or registered first-class mail, return receipt requested (or by companies o…

Whenever two or more agencies provide financial assistance to an agency or agencies to carry out functionally or geographically related activities which will result in the acquisition of property or the displacement of a person, the funding agencies may by agreement designate one…

When federal funds are provided for a project, the federal agency funding the project may, grant the acquiring or displacing agency a waiver of certain federal requirements that are not otherwise required by state law if it determines that the waiver does not reduce any assistanc…

The implementation of this chapter must be in compliance with all applicable laws and implementing regulations including, but not limited to, the following:(1) Section I of the Civil Rights Act of 1866 (42 U.S.C. 1982 et seq.).(2) Title VI of the Civil Rights Act of 1964 (42 U.S.…

(1) Records: The agency shall maintain adequate records of its acquisition and displacement activities in sufficient detail to demonstrate compliance with this chapter. These records shall be retained for at least three years after each owner of a property and each person displac…

The agency shall promptly review appeals in accordance with the requirements of applicable law and this chapter.(1) Actions which may be appealed: A person may file written notice of an appeal with the agency in any case in which the person believes that the agency has failed to …

General:(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 includ…

This chapter sets forth requirements for acquiring real property for programs or projects which real property is required to construct, operate, and maintain the program or project.(1) Expeditious acquisition. The agency shall make every reasonable effort to acquire the real prop…

(1) Standards of appraisals, appraisal reviews, and waiver valuations: The agency acquiring real property has a legitimate role in contributing to the valuation process, especially in developing the scope of work and defining the valuation problem. The scope of work, format, and …

(1) Acquisition of improvements: When acquiring any interest in real property, the agency shall offer to acquire at least an equal interest in all buildings, structures, or other improvements located upon the real property to be acquired, which the agency requires to be removed o…

The owner of the real property shall be reimbursed for any reasonable expenses, including reasonable attorney, appraisal, engineering fees, and expert witness fees, which the owner actually incurred because of a condemnation proceeding if:(1) The final judgment of the court is th…

An owner whose real property is being acquired may, after being fully informed by the agency of the right to receive just compensation for such property, donate such property or any part thereof, any interest therein, or any compensation paid therefore, to the agency as such owne…

(1) As soon as practicable after the date of payment of the purchase price or the date of deposit in court of the funds to satisfy the award of compensation in a condemnation proceeding to acquire real property, whichever is earlier, the acquiring agency shall reimburse the owner…

WAC 468-100-201 through 468-100-209 prescribes general requirements governing the provision of relocation payments and other relocation assistance under the regulations in this chapter.[Statutory Authority: Chapter 8.26 RCW. WSR 06-02-068, § 468-100-201, filed 1/3/06, effective 2…

(1) These requirements apply to the relocation of any permanently or temporarily displaced person as defined in WAC 468-100-002(8). Any person who qualifies as a permanently or temporarily displaced person must be fully informed of his or her rights and entitlements to relocation…

Written notices shall be furnished as required by WAC 468-100-005.(1) General information notice: As soon as feasible, a person who may be permanently or temporarily displaced shall be furnished with a general written description of the agency's relocation program which does at l…

(1) General: No person to be permanently displaced shall be required to move from the person's dwelling unless at least one comparable replacement dwelling (defined in WAC 468-100-002(5)) has been made available to the person. Information on comparable replacement dwellings that …

(1) Relocation planning: During the early stages of development, programs or projects shall be planned in such a manner that the problems associated with the displacement of individuals, families, businesses, farms, and nonprofit organizations are recognized and solutions are dev…

(1) Eviction for cause must conform to applicable federal, state, and local law. Any person who lawfully occupies the real property on the date of the initiation of negotiations, is presumed to be entitled to relocation payments and other assistance set forth in this part unless …

(1) Documentation: Any claim for a relocation payment shall be supported by such documentation as may be reasonably required to support expenses incurred, such as bills, certified prices, appraisals, or other evidence of such expenses. A permanently or temporarily displaced perso…

(1) Each person seeking relocation payments or relocation advisory assistance shall, as a condition of eligibility, certify:(a) In the case of an individual, that he or she is either a citizen or national of the United States, or a noncitizen who is lawfully present in the United…

No relocation payment received by a permanently or temporarily displaced person under this chapter may be considered as income for the purpose of determining the eligibility or extent of eligibility of any person for assistance under any state law or for the purposes of any incom…

(1) General.(a) Any owner-occupant or tenant who qualifies as a displaced person (defined in WAC 468-100-002(8)) 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…

Any person displaced from a dwelling or a seasonal residence or a dormitory style room is entitled to receive a fixed moving cost payment as an alternative to a payment for actual moving and related expenses under WAC 468-100-301. This payment shall be determined according to the…

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 utilities from the replacement site's property line to imp…

(1) Business. A displaced business may be eligible to choose a fixed payment in lieu of the payments for actual moving and related expenses, as well as actual reasonable reestablishment expenses provided by WAC 468-100-301, 468-100-303, and 468-100-306. Such fixed payment, except…

(1) Whenever a program or project undertaken by an agency, other than Washington state department of transportation, causes the relocation of a utility facility (WAC 468-100-002(34)) and the relocation of the facility creates extraordinary expenses for its owner, the agency may, …

In addition to the payments available under WAC 468-100-301 and 468-100-303, a small business, as defined in WAC 468-100-002(26), farm, or nonprofit organization is entitled to receive a payment for expenses actually incurred in relocating and reestablishing such small business, …

(1) Eligibility: A displaced person is eligible for the replacement housing payment for a 90-day homeowner-occupant if the person:(a) Has actually owned and occupied the displacement dwelling for not less than the 90 days immediately prior to the initiation of negotiations; and(b…

(1) Eligibility: A tenant displaced from a dwelling is entitled to a payment not to exceed $9,570 for rental assistance, as computed in accordance with subsection (2) of this section, or down payment assistance, as computed in accordance with subsection (3) of this section, if su…

(1) Determining cost of comparable replacement dwelling: The upper limit of a replacement housing payment shall be based on the cost of a comparable replacement dwelling (defined in WAC 468-100-002(5)).(a) Three-comparable method: If available, at least three comparable replaceme…

(1) Determination to provide replacement housing of last resort. Whenever a program or project cannot proceed on a timely basis because comparable replacement dwellings are not available within the monetary limits for owners or tenants, as specified in WAC 468-100-401 or 468-100-…

(1) General: This subpart describes the requirements governing the provision of replacement housing payments to a person displaced from a mobile home and/or mobile home site who meets the basic eligibility requirements of this chapter. Except as modified by this subpart, such a d…

(1) Eligibility: An owner-occupant displaced from a mobile home is entitled to a replacement housing payment, not to exceed $41,200 under WAC 468-100-401 if:(a) The person occupied the mobile home on the displacement site for at least 90 days immediately before:(i) The initiation…

A displaced tenant or owner-occupant of a mobile home and/or site is eligible for a replacement housing payment, not to exceed $9,570 under WAC 468-100-402 if:(1) The person actually occupied the displacement mobile home on the displacement site for at least 90 days immediately p…

(1) Replacement housing payment based on dwelling and site: Both the mobile home and mobile home site must be considered when computing a replacement housing payment. For example, a displaced mobile home occupant may have owned the displacement mobile home and rented the site or …

This subpart permits a state agency to fulfill its responsibilities under the Uniform Act by certifying that it shall operate in accordance with state laws and regulations which shall accomplish the purpose and effect of the Uniform Act, in lieu of providing the assurances requir…

An agency wishing to proceed on the basis of a certification may request an application for certification from the Director, Office of Real Estate Services, HEPR-1, Federal Highway Administration, 1200 New Jersey Avenue S.E., Washington, D.C. 20590. The completed application for …