Section 12.10  Purpose

 

The purpose of this Part is to establish policies and procedures for the Division of Aeronautics, Illinois Department of Transportation, when applying the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (the Uniform Act) (42 USC 4601 et seq.) to airport projects for which the State intends to provide State or federal financial assistance and that involve the displacement of persons, farm operators, or businesses.  This Part establishes a means of providing relocation services and of making moving cost payments, replacement housing cost payments, and other expense payments to persons or businesses displaced as a result of programs designed for the benefit of the public.  It is also designed to assure compliance with the federal requirements of the Uniform Act and the federal rules titled "Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs" (49 CFR 24, October 1, 1999) to assure federal participation on federally-aided projects.

 

Section 12.20  Definitions

 

The following definitions are in addition to those found in the incorporated material in Section 12.30 and apply for purposes of this Part:

 

"Chief of Airport Engineering" – means the Registered Professional Engineer acting as the Chief, Bureau of Airport Engineering, Division of Aeronautics, Illinois Department of Transportation.  This term also includes a designee.

 

"Department" – means the Illinois Department of Transportation.

 

"Director" – means the Director, Division of Aeronautics, Illinois Department of Transportation.  This term also includes a designee.

 

"Division" – means the Illinois Department of Transportation, Division of Aeronautics.

 

"FAA" – means the United States Department of Transportation, Federal Aviation Administration.

 

"State" – means the State of Illinois or may mean the Illinois Department of Transportation.

 

"Uniform Act" – means the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (42 USC 4601 et seq.).

 

Section 12.30  Incorporation by Reference

 

This Part incorporates references that are the basis and guidelines for the development of the Division's policy for airport projects for which federal financial assistance may be requested and for relocation assistance services and payments for persons or businesses displaced as a result of those projects.  The materials listed in subsections (a) and (b) of this Section are incorporated as a part of this Part and are effective as indicated, not including any later amendments or editions.  Copies of the appropriate materials are available from the Division of Aeronautics, #1 Langhorne Bond Drive, Springfield, Illinois 62707, (217) 785-8514; or at aero@nt.dot.state.il.us.

 

a)         49 CFR 24 - Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs, October 1, 1999 edition.

 

b)         U.S. Department of Transportation, Federal Aviation Administration - Land Acquisition and Relocation Assistance for Airport Projects, dated April 4, 1994, Order #5100.37A.

 

Section 12.40  Appeal Procedures

 

a)         If a claim for payment is denied, in whole or in part, the Division will notify the displaced person or business in writing within 30 calendar days after receipt of the claim. This notification will also inform the person of the right to request a review of the denial by the Chief of Airport Engineering.

 

b)         A displaced person may file a written request for review within 60 calendar days after receipt of written notification denying the claim.  The request for review shall be filed with the Chief of Airport Engineering at #1 Langhorne Bond Drive, Springfield, Illinois 62707, (217) 785-8514, Fax #: (217) 785-4533.  If the displaced person does not file a request for review within 60 calendar days after receipt of written notification denying the claim, the displaced person shall be deemed to have waived his/her opportunity to file a request for review.  In that case, the approved amount of the claim, if any, will be processed for payment.

 

1)         The Division will consider a written request for review regardless of form. Upon receipt of the request for review, the Chief of Airport Engineering will assign a date and place for the review meeting.  Written notification of the date and place will be provided to the displaced person in person or by certified mail, return receipt requested, at least 10 days prior to the scheduled date for review.  The Chief of Airport Engineering will designate a person to conduct the review who was not directly involved in the action being reviewed.

 

2)         Prior to the review, the displaced person will be permitted to inspect and copy all materials pertinent to his/her review in accordance with the Freedom of Information Act [5 ILCS 140].

 

3)         The displaced person, or a representative, will be afforded a full opportunity to be heard and to present information or documentation in support of the claim for payment.  Representation by another person will be at the sole expense of the displaced person.

 

4)         The Chief of Airport Engineering will determine an appropriate payment based upon the facts presented and the law.  Written notification of the decision by the Chief of Airport Engineering will be sent by certified mail, return receipt requested, within 15 calendar days after the date of the review.

 

5)         If the Chief of Airport Engineering's decision upholds the denial of payment, in whole or in part, the written notification will detail the reasons supporting the denial and will also advise the displaced person of his/her right to request a final review by the Director if he/she is dissatisfied with the review findings of the Chief of Airport Engineering.  If the displaced person does not request a final review within 15 calendar days after written notification of the denial has been sent by the Chief of Airport Engineering, the displaced person shall be deemed to have waived his/her opportunity to file a request for a final review.

 

A)        A displaced person may request a final review, by notifying the Director in writing at the address provided in subsection (b) of this Section.

 

B)        Upon receipt of the request for a final review, the Director will assign a date and place for the final review meeting.  Written notification of the date and place of the final review will be delivered either in person or by certified mail, return receipt requested, at least 10 days prior to the scheduled date for final review.  The Director will designate a person to conduct the review who was not directly involved in the action being reviewed.

 

C)        The displaced person, or representative, will be afforded a full opportunity to be heard and to present information or documentation in support of the claim for payment.  Representation by another person will be at the sole expense of the displaced person.

 

D)        The Director will determine the final disposition of the payment based upon the facts presented and the law.  Written notification of the Director's decision and the reasons supporting his/her decision will be sent by certified mail, return receipt requested, within 15 calendar days after the date of the final review.

 

E)        The decision by the Director is final.  The displaced person will be advised of his/her right to seek redress through judicial review.

 

c)         The Division will promptly resolve all appeals.  However, the Director may extend any time period provided in this Part for up to 30 days upon written request from either the displaced person or the Chief of Airport Engineering.