PARATRANSIT ELIGIBILITY APPEALS PROCESS
ADA paratransit eligibility is established as a civil right, so there is a special obligation to ensure due process is observed. Therefore, any decision to deny or limit ADA paratransit eligibility will be reviewed in the first instance by the Island Transit Operations Manager.
If the decision to deny or limit paratransit service is confirmed, the notice of denial sent to the applicant will include specific reasons for the denial or limitations and the procedures that should be utilized to appeal the decision. All notices sent to the applicant will be in a format that can be utilized by the applicant.
The period permitted for an appeal will be (60) days after the notification of denial of a request for certification. No service need be provided while the appeal is heard. Regarding conditional eligibility, all eligible trips will be provided while on appeal. Once an appeal is submitted, a decision on an appeal will be made within (30) days. However, presumptive eligibility will be granted if a decision is not made within the (30) day timeline.
An individual has the right to an appeal before an Island Transit representative other than the person who made the initial determination. The individual has the right to be heard in person and to have necessary support, such as a sign interpreter.
The Operations Manager will make a formal presentation to the Executive Director of Island Transit with his/her recommendation concerning the appeal. The Executive Director of Island Transit will then make a final decision as to eligibility. Individuals will be notified by certified letter of the appeal decision.
There are certain circumstances under which an individual, otherwise eligible for ADA Paratransit, may be suspended from or denied those services. A person whose behavior threatens or has threatened the safety of paratransit personnel or riders, may be suspended from or denied service. This may be appealed through the appeals procedure.