(1) The department of local affairs shall administer and implement the uniform policy for all relocation assistance for all nonhighway federally assisted programs and projects.
(2) (a) Notwithstanding any provision of this article to the contrary, the department of transportation has the primary authority to administer acquisition and relocation assistance for all highway and highway-related programs or projects on the state highway system. The department of transportation also has authority to coordinate and administer acquisition and relocation assistance for all highway and highway-related programs or projects which are not on the state highway system to the extent provided in paragraph (b) of this subsection (2).
(b) Each state agency has the primary authority to perform acquisition and relocation assistance within its jurisdiction for federally assisted highway and highway-related programs and projects for streets and roads which are not on the state highway system. In the event that the department of transportation, as the state agency responsible for monitoring and administering the use of federal highway funds, determines that such performance by another state agency will jeopardize distribution of federal highway assistance funds to the state or that such action is necessary to comply with federal highway administration policy or procedures, then the department of transportation has the authority to perform the acquisition and relocation assistance for any federally assisted highway or highway-related program or project for streets and roads which are not on the state highway system or to require that the state agency with jurisdiction for that highway program or project perform such acquisition and relocation assistance under the supervision and direction of the department of transportation. Prior to exercising the authority of this paragraph (b), the department of transportation will comply with procedures previously agreed to with the affected state agency, including, but not limited to, setting a contact person for the project, providing written notice of the basis of such determination or action, and meeting with the affected agency to discuss possible remedial measures.
(3) The executive director of the department of transportation shall adopt such rules and regulations as may be necessary to assure:
That the payments and assistance authorized by this article are administered in amanner which is fair and reasonable and as uniform as practicable;
That a displaced person who makes proper application for a payment authorized forsuch person by this article is paid promptly after a move or, in hardship cases, paid in advance; and
That any person aggrieved by a determination as to eligibility for a payment authorized by this article or the amount of a payment may have his application reviewed by the head of the acquiring agency.
(4) The department of transportation may use the provisions of this article for programs or projects on the state highway system funded from the state highway fund.
Source: L. 71: p. 676, § 1. C.R.S. 1963: § 69-10-8. L. 89: Entire section R&RE, p. 1082, § 10, effective March 31. L. 91: (2)(a), (2)(b), IP(3), and (4) amended, p. 1065, § 31, effective July 1.