Appeals Process
Appeals Process for ADA Complementary Paratransit Eligibility for GRTA
The appeals process for the denial, suspension, or termination of ADA paratransit eligibility is as follows:
- Denial of ADA Complementary Paratransit Eligibility: The applicant shall be notified in writing and such other format as requested in the application of the initial ADA eligibility determination. If eligibility has been denied or is subject to conditions, information describing the appeal process shall be included in the notification to the applicant.
ADA complementary paratransit service shall not be provided to the appellant pending the determination on appeal, except as otherwise approved by the initial eligibility determination or as noted in the appeals process below.
- Suspension of Eligibility: Persons who demonstrate a consistent pattern of missing scheduled para-transit trips, “no shows”, may lose their eligibility for a period of time.
Before suspending service, GRTA shall notify the individual in writing and such other formats as requested in their eligibility application that the system proposes to suspend service, citing the basis of the proposed suspension and setting forth the proposed sanction. Information describing the appeal process shall be included in the notification. The individual shall remain eligible for ADA complementary paratransit service during the appeal pendency.
- Termination of Eligibility: A person, whose behavior threatens or has threatened the safety of para-transit personnel or other customers, may be denied the service. The denial of service must be documented by the person or persons denying the service. If the denial of service extends beyond the time of the originating incident, GRTA shall notify the individual in writing and such other format as requested in their eligibility application that GRTA has terminated their eligibility, citing the basis of the termination. Information describing the appeal process shall be included in the notification. Because of the circumstances initiating the denial of service, no service shall be provided during the appeal process.
An individual may appeal a negative eligibility or suspension or termination decision to the GRTA Executive Manager. The hearing officer shall not have been involved in the decision being appealed. An appeal of an eligibility determination must be filed within 60 days of the date of the eligibility notice. An appeal of termination or proposed suspension must be filed within 20 days of the date of termination or proposed suspension notice. An appeal shall not be considered if it is not received by GRTA within the specified time limit.
The appeal must be in written or audio form and may be completed by a third party if the individual desires. However, an employee of GRTA cannot be the third party. The appeal must include the following information: the appellant’s name, address, and telephone number; and the reason for the appeal. The three-member Appeal’s Panel will consist of the GRTA Supervisor of Operations, Chairperson of the GRTA Board of Directors and the GRTA Ombudsperson.
If an appeal is timely filed and contains the required information, the hearing officer shall set the date, time and place of the hearing and notify the appellant thereof. The appellant shall have an opportunity to be heard and to present information and arguments at the hearing. The appellant shall be provided with any necessary support, i.e., a sign language interpreter, if requested in the appellant’s appeal. The appellant may be represented by an individual of their choice. GRTA may be represented by the initial decision maker or the City Attorney or his/her representative. At the hearing, the appellant and GRTA may present evidence, including testimony of witnesses, in support of or in opposition to the appellant’s case.
The hearings officer’s decision and the reasons for it shall be provided to the appellant in writing and such other format as requested in the application. A copy of the decision relating to a suspension or termination shall be provided to GRTA. The decision of the hearing officer is final, except for the right to appeal to FTA.
If an appeal has not been decided within 30 days of the completion of the hearing, GRTA shall provide complementary paratransit service from that time until and unless a decision to deny the appeal is issued.
