(a) The executive director will appoint at least three persons as members of the Relocation Review Committee. To be eligible for appointment to or service on the committee, a person may not be:
  (1) below the level of department division director, office director, or district engineer; and
  (2) directly involved with the relocation assistance program.
(b) A displacee who is dissatisfied with the department's determination of eligibility or relocation payments and services may request a review by the Relocation Review Committee. The review procedures are as follows.
  (1) Applications must be filed with the appropriate district office within 90 days after the displacee receives notice of relocation entitlements.
  (2) The district engineer will promptly and carefully review the facts and attempt to resolve the matter at the district level. The displacee will be promptly notified in writing of the results of the district engineer's review.
  (3) A displacee who is still dissatisfied after the first review may request that the district engineer's decision be reviewed by the department's Relocation Review Committee.
  (4) The district shall promptly forward the application together with all the information the district has relating to the displacee's application and the district engineer's personal recommendation to the department's Right of Way Division. The division will review the materials, make a determination on the application, and prepare a written statement as to the issues involved for the relocation assistance appeal file. If the division does not find in favor of the displacee's claim, the division will promptly forward the file to the Relocation Review Committee.
  (5) The Relocation Review Committee shall give each displacee a full opportunity to be heard, carefully review all facts presented, and render a prompt decision. The decision will be supported by the necessary rationale and will be documented in the parcel file.
  (6) The committee may discuss an application with the executive director. The executive director shall make the final ruling or may counsel with the commission if necessary.

Source Note: The provisions of this §21.118 adopted to be effective March 21, 2002, 27 TexReg 2071; amended to be effective September 15, 2011, 36 TexReg 5949