Section 1680-06-02-.10 - MOVING PAYMENTS - RESIDENTIAL(1) Payment for Actual and Reasonable Moving Expenses. A displaced owner-occupant or tenant of a dwelling who qualifies as a displaced person is entitled to reimbursement for actual moving and related expenses, as the displacing agency determines to be reasonable and necessary. Expenses eligible for reimbursement include the following:
(a) The costs of transporting the displaced person and the displaced person's personal property to a replacement dwelling within a 50-mile radius of the displacement dwelling. Transportation costs for any distance beyond 50 miles are not eligible for reimbursement, unless the displacing agency has made a prior determination that relocation beyond 50 miles is justified.1. The displaced person may be reimbursed for the use of a personal vehicle at the standard mileage reimbursement rate provided in the displacing agency's own travel regulations, if any, or the current Standard Mileage Rate established by the Tennessee Department of Finance and Administration in the Comprehensive Travel Regulations, General Reimbursement Rate Schedule, and/or for the actual, reasonable fees charged by a commercial moving service.2. Upon prior approval of the displacing agency, a displaced person may be reimbursed for special transportation services, such as an ambulance, as may be required for medical reasons.3. Upon a showing of need, the actual, reasonable costs of meals and lodging may be reimbursed if pre-approved by the displacing agency.(b) The costs of packing, crating, unpacking and uncrating personal property.(c) The costs of disconnecting, dismantling, removing, reassembling, and reinstalling relocated household appliances and other personal property. This includes fees or charges for reinstalling telephone or utility services.(d) The costs of storage for personal property, if previously approved by the displacing agency, but not for any period greater than 12 months unless the displacing agency expressly determines that a longer period is necessary.(e) The cost of insurance for the replacement value of personal property moved or stored in connection with the relocation, or the reasonable replacement value of property lost, stolen or damaged in the process of moving (not through the fault or negligence of the displaced person or his or her agent or employee), where insurance covering such loss, theft or damage is not reasonably available.(f) Other moving-related costs, excluding ineligible moving expenses identified in Rule 1680-06-02-.12 below, as the displacing agency may determine to be reasonable and necessary.(2) Direct Payment to a Moving Company. If requested by the displaced person, payments for moving costs may be paid directly to a licensed commercial moving service in lieu of payment to the displaced person. When a commercial moving service willing to accept direct payment has been selected by the displaced person and approved by the displacing agency, the displaced person shall sign a written statement assigning the relocation payment to the moving company.
(3) Fixed Payment for Moving Expenses. (a) As an alternative to payment for actual moving and related expenses under paragraph (1) of this Rule, a displaced person may choose to receive a fixed expense and dislocation allowance. When this method of payment is chosen, the displacing agency shall pay the full amount of the allowance to the displaced person after the relocation has been completed without any need for documentation of moving expenses actually incurred.(b) The amount of this allowance shall be determined by reference to the applicable schedule approved by the Federal Highway Administration, as amended from time to time. This includes a provision that the expense and dislocation allowance to a person with minimal personal possessions who occupies a dormitory style room shared by two or more unrelated persons, or to a person whose residential move is performed by an agency at no cost, shall be limited to $100.Tenn. Comp. R. & Regs. 1680-06-02-.10
Original rule filed August 12, 1974; effective September 11, 1974. Repeal and new rule filed October 31, 2002; effective January 14, 2003. Rule has been assigned a new control number from 1680-02-04-.10 filed and effective February 1, 2003. Amendments filed January 12, 2017; effective 4/12/2017.Authority: T.C.A. §§ 13-11-105 and 13-11-113.