Current through September, 2024
Section 17-2017-18 - Documentation(a) The state agency shall maintain relocation records showing: (1) State and federal project and parcel identification;(2) Names and addresses of displaced persons and their complete original and new addresses and telephone numbers (if available after reasonable effort to determine where relocated moved without assistance);(3) Personal contacts made with each displaced person; including, for each displaced person: (A) Date of notification of availability of relocation payments and services;(B) Name of the official offering or providing relocation assistance;(C) Whether the offer of assistance was declined or accepted and the name of the individual accepting or declining the offer;(D) Dates and substance of subsequent follow-up contacts;(E) Date on which the displaced person was required to move from the property acquired;(F) Date on which actual relocation occurred and whether relocation was accomplished with the assistance of the state agency, referrals to other agencies, or without assistance. If the latter, an approximate date for actual relocation is acceptable; and(G) Type of tenure before and after relocation;(4) For displacements from dwellings:(B) Type of property (single family detached, multi-family, etc.);(C) Value, or monthly rent; and(D) Number of rooms occupied; and(5) For displaced businesses; (B) Whether continued or terminated; and(C) If relocated, distance moved (estimate acceptable).(b) The state agency shall maintain records containing the following information regarding moving expense payments: (1) The date the removal of personal property was accomplished;(2) The location from which and to which the personal property was moved;(3) If the personal property was stored temporarily, the location where the property was stored, the duration of such storage, and justification for the storage and the storage charges;(4) Itemized statement of the costs incurred supported by receipted bills or other evidence of expense;(5) Amount of reimbursement claimed, amount allowed, and an explanation of any difference;(6) Data supporting any determination that a business cannot be relocated without a substantial loss of its existing patronage and that it is not part of a commercial enterprise having at least one other establishment not being acquired;(7) When the payment to a business or farm operation is based on its average annual net earnings or $5,000, whichever is less, data showing how the payment was computed; and(8) When fixed moving expense payments are made, the data called for in paragraphs (3) and (4) need not be maintained. Instead, records showing the basis on which payment was made shall be maintained.(c) The state agency shall maintain records containing the following information regarding replacement housing payments:(1) The date of the state agency's receipt of each application for such payments;(2) The date on which each payment was made or the application rejected;(3) Supporting data explaining how the amount of the supplemental payment to which the applicant is entitled was calculated. This support should also clearly establish that as of the date of payment, replacement housing meeting the criteria established in section 17-2017-16 was available;(4) A signed and dated statement setting forth:(A) The determination of the amount of the supplemental payment; and(B) That no official of the state agency has a direct or indirect present or contemplated personal interest in this transaction, or will derive any benefit from the supplemental payment, provided that where an individual employed by a state agency is displaced by a project, the executive director may authorize payments under these rules; and(5) A statement by the state agency that in its opinion the displaced person has been relocated in decent safe sanitary housing. Haw. Code R. § 17-2017-18
[Eff NOV 15 2004] (Auth: HRS 5111-9) (Imp: HRS 5S111-3, 111-4)