California Code of Regulations (Last Updated: August 6, 2014) |
Title 25. Housing and Community Development |
Division 1. Housing and Community Development |
Chapter 6. Department of Housing and Community Development Programs |
Subchapter 1. Relocation Assistance and Real Property Acquisition Guidelines |
Article 5. Grievance Procedures |
§ 6152. Right of Review.
Latest version.
- (a) Any complainant, that is any person who believes himself aggrieved by a determination as to eligibility, the amount of payment, the failure of the public entity to provide comparable permanent or adequate temporary replacement housing or the public entity's property management practices may, at his election, have his claim reviewed and reconsidered by the head of the public entity or an authorized designee (other than the person who made the determination in question) in accordance with the procedures set forth in this article, as supplemented by the procedures the public entity shall establish for such review and reconsideration.(b) A person or organization directly affected by the relocation plan may petition the department to review the final relocation plan of a public entity to determine if the plan is in compliance with state laws and guidelines or review the implementation of a relocation plan to determine if the public entity is acting in compliance with its relocation plan. Review undertaken by the department under this section shall be in accordance with the provisions of sections 6158 and may be informal. Before conducting an investigation, the department should attempt to constrain disputes between parties.Failure to petition the department shall not limit a complainant's right to seek judicial review.(c) If a relocation appeals board has been established pursuant to Section 33417.5 of the Health and Safety Code, a city by ordinance may designate the board to hear appeals from local public entities which do not have an appeal process. In the absence of such an ordinance, public entities shall establish procedures to implement the provisions of this Article.HISTORY1. Amendment of subsection (b) and new Note filed 8-12-97; operative 9-11-97 (Register 97, No. 33).
Note
Note: Authority cited: Section 50460, Health and Safety Code. Reference: Section 7266, Government Code.