Current through Register 1533, October 25, 2024
Section 27.02 - Qualification of Relocation Advisory Agencies by the Bureau(1) General. No acquisition (as defined in M.G.L. c. 79A, § 1) of real property or other covered activity which involves the displacement of legal occupants shall occur until a relocation advisory agency has been qualified by the Bureau to provide relocation assistance.(2) Procedure for Qualification. (a) At a reasonable time before either the anticipated date of property acquisition or project commencement, the displacing agency responsible for providing relocation assistance shall request that it be qualified by the Bureau as a relocation advisory agency, or shall request that another entity or person be qualified by the Bureau as a relocation advisory agency.(b) A displacing agency requesting qualification of a relocation advisory agency for a particular project shall provide the Bureau with information demonstrating that the proposed relocation advisory agency has suitable staff capable of providing relocation assistance for a particular project.(c) In determining whether a displacing agency or other entity or person(s) are qualified to be a relocation advisory agency for a particular project, the Bureau shall consider work experience and educational background of staff, the capacity of staff to provide the necessary assistance in light of the anticipated complexity of the project, and any other criteria which the Bureau may, from time to time, specify in standards for qualification of relocation advisory agencies. All such standards shall directly pertain to ensurance of high-quality relocation assistance.(d) A displacing agency may request that it be qualified by the Bureau as a relocation advisory agency for a specified period of time, not to exceed three years, rather than for a particular project. Displacing agencies that are qualified as relocation advisory agencies for a specified period of time shall be deemed qualified for particular projects during the specified period of time. The Bureau's qualification of a displacing agency for a specified period of time may include the approval of alternative procedures to those specified in 760 CMR 27.04(4) (Administration of Relocation Payments). In order for a displacing agency to be qualified as a relocation advisory agency for a specified period of time, the Bureau must find that the displacing agency: 1. Is staffed with sufficient full-time employees who are experienced in relocation and capable of providing effective relocation assistance in a timely manner for all anticipated projects;2. Is likely to undertake more than one covered activity which results or will result in the displacement of legal occupants.3. Does not primarily rely on relocation consultants to provide relocation assistance.(e) If a qualified relocation advisory agency is not providing adequate relocation assistance for a particular project or projects, the Bureau may withdraw qualification of the relocation advisory agency for such project or projects. Prior to withdrawing qualification, the Bureau shall provide the displacing agency and the relocation advisory agency of written notice of the material facts on which the Bureau relies, and allow reasonable opportunity for the relocation advisory agency to take corrective action. If adequate corrective action has not been taken within 60 days, then the Bureau may order the displacing agency to cease all covered activities no less than 5 days from receipt of such order. Any such order shall contain specification of the inadequacy of the relocation assistance. If the displacing agency disputes that relocation assistance is inadequate, it may request a hearing by the Department as to whether there is good cause for withdrawing qualification of the relocation advisory agency. The hearing shall be subject to the provisions of M.G.L. c. 30A. The Department shall promptly conduct the hearing and shall promptly render its written decision. The Department may permit covered activities to continue pending its written decision.(3) Project Responsibility. Whether or not the displacing agency is the relocation advisory agency, the displacing agency has the responsibility to insure that prompt and effective relocation assistance is provided with respect to a covered activity.