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(5) <br />displaced person, the Sponsor will be ex- <br />pected to make a reasonable effort to accede <br />to such desire. If such optional housing is <br />available, the replacement housing amount, <br />if any, will be based on the specified option. <br />Computation Determination. The computa- <br />tion for and the amount of the replacement <br />housing payment should be made and the <br />displaced person so informed at a time which <br />will accomplish the following purposes: <br />(a) That the housing units used to deter- <br />mine the replacement housing <br />amount are to be selected near the <br />time the displaced person will be ac- <br />tively looking for a replacement <br />dwelling. <br />(b) That the amount be computed in a <br />timely manner and given the dis- <br />placed person within a reasonable pe- <br />riod of time from his request, if any. <br />(c) In any event, the displaced person will <br />be informed of the maximum amount <br />to which he is entitled at least 90 days <br />prior to the time he is required to <br />vacate. <br />c. 90-Day Notice To Vacate. The construction <br />or development of an airport with ADAP/FAAP <br />assistance will be so scheduled that no person eligible <br />for relocation payments and lawfully occupying real <br />property will be required to move from a dwelling or <br />to move his business or farm without at least 90- <br />days written notice of the intended vacation date <br />from the Sponsor having responsibility for such ac- <br />quistion. Exceptions to this provision will be made <br />only in the case of very unusual conditions. An ex- <br />ception must receive FAA approval before it is <br />granted. <br />(1) The 90-day notice will not be given until <br />such time as the Sponsor either owns or has <br />control of the property. <br />(2) The 90-day notice will give a firm specific <br />date by which the displaced person must <br />vacate the property. This date may be ex- <br />tended when conditions warrant, bbut any ex- <br />tension must be in writing and must give <br />another specific date by which the property <br />must' be vacated. <br />(3) A notice is not required if an occupant moves <br />on his own volition prior to the time the <br />Sponsor gives the 90-day notice. <br />d. Notice of Right To Appeal. All eligible dis- <br />placed persons should be furnished a written notice <br />of their right to appeal and the procedures for mak- <br />ing such appeal. Such notification may be provided <br />by the brochure if procedures are adequately covered <br />therein. <br />63. APPEALS. An applicant for a relocation <br />payment who is aggrieved by a Sponsor's determina- <br />tion as to the applicant's eligibility for payment or to <br />the amount of the relocation payment may appeal <br />that determination in accordance with the proce- <br />dures established by the Sponsor. Appeal procedures <br />will be approved by the appropriate FAA official. <br />The procedures will insure that: <br />a. Each appellant applicant has the opportunity <br />for oral presentation. <br />b. Each appeal will be decided promptly and the <br />applicant is informed of the decision in writ- <br />ing. <br />c. Each appeal decision will include a statement <br />of the reasons upon which it is based. <br />d. The agency retains all documents associated <br />with each appeal. <br />e. Each appellant applicant will have a right of <br />final appeal to a higher authority under the <br />procedures established by the Sponsor. <br />Requests for review of a displaced person's eligibility <br />or payment that result in a revised determination by <br />the Sponsor are not to be considered an appeal and <br />may be handled without resorting to formal appeal <br />procedures. If the request for review is rejected by <br />the Sponsor, the displaced person is to be so ad- <br />vised in writing and of the formal appeal proce- <br />dure which should be followed. <br />64-69 RESERVED. <br />39 <br />
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