Current through Register Vol. 46, No. 12, March 20, 2024
(a)
Removal from RGRTA transit vehicles, facilities, and properties.
(1) Any person engaging in prohibited conduct
under the provisions of section 4901.4 of this Part may be refused entrance
upon or ordered to leave RGRTA transit vehicles, facilities, and properties by
a commissioned law enforcement official, RGRTA personnel, or authorized
personnel of a contracted service provider in accordance with the terms of the
applicable service contract. Failure to comply with such a removal order may be
grounds for arrest and prosecution.
(b) Exclusion from service.
Except as provided in paragraph (5) of this subdivision
immediate refusal or removal, RGRTA employees shall not continually refuse
service to anyone who has not been formally excluded from RGRTA service
pursuant to the application of RGRTA's rules of conduct or a court
order.
(1) Basis for exclusion.
(i) Engaging in prohibited conduct under
section 4901.4 of this Part shall be cause for excluding a person from the
privilege of entering and using all or any part of RGRTA transit vehicles,
facilities, and properties including the RTS transit center for a period as
determined by RGRTA based on the number of violations in a period of five
years, and/or the severity of the violation(s).
(2) Notice procedure.
(i) The RGRTA chief executive officer, or
his/her designee, shall give written notice, by personal delivery, certified
mail, or regular U.S. mail, addressed to the person's last known address to any
person to be excluded from RGRTA transit vehicles, facilities and properties.
The notice shall specify the reason for exclusion, places and duration of the
exclusion, the effective date of the exclusion, the appeal process, and provide
the person an opportunity to respond in person, by telephone or in writing, to
the proposed action within five business days of actual or constructive receipt
of the notice by the person being excluded.
(ii) Exclusion shall commence on the sixth
business day after actual or constructive receipt of the notice by the person
being excluded, unless the person has timely requested an administrative review
of the notice. In the case of administrative review, the RGRTA chief executive
officer, or his/her designee, shall review the exclusion and shall render a
written decision determining whether exclusion is warranted, within five
business days from the date of the person's request for review. The written
decision is sent by personal delivery, certified mail, or regular U.S. mail
addressed to the person's last known address.
(iii) If the RGRTA chief executive officer,
or his/her designee, determines that exclusion is warranted, such exclusion
shall commence and be effective upon actual or constructive receipt of the
written decision by the person to be excluded.
(3) Constructive notice.
Receipt of a notice is construed to have been accomplished if
the person knew or reasonably should have known from the circumstances that
he/she is excluded from RGRTA transit vehicles, facilities and properties.
Receipt of a notice is also presumed to have been accomplished three business
days after the notice was sent by personal delivery, certified mail, or regular
U.S. mail.
(4) Immediate
refusal or removal.
(i) The notice procedure
described in paragraph (2) of this subdivision will be inapplicable if, in
RGRTA's discretion, immediate conditions exist that:
(a) pose safety or security risks;
or
(b) interfere with or impinge on
the rights of others; or
(c) impede
the free flow of the general public; or
(d) impede the orderly and efficient use of
RGRTA transit vehicles, facilities, and properties; or
(e) otherwise interfere with or seriously
disrupt RGRTA's transit related activities.
(ii) In such immediate conditions, persons
engaging in prohibited conduct under the provisions of section 4901.4 of this
Part may be immediately reseated, refused transportation, or removed from RGRTA
transit vehicles, facilities, and properties. The notice and administrative
review provisions of paragraph (2) of this subdivision are only available to
persons immediately refused transportation or removed from RGRTA transit
vehicles, facilities, and properties for periods of 31 calendar days or
more.
(5) Refusal to
comply.
The refusal to comply with an order excluding a person from
RGRTA transit vehicles, facilities, and properties shall be grounds for arrest
and prosecution.
(6) Length
of exclusion.
The following suggested exclusion lengths are guidelines to
be used by RGRTA in determining the duration of a particular exclusion under
the provisions of section 4901.4 of this Part and/or the severity of the
violation(s). The duration of exclusion is determined by the number of
violations committed over a period of five years. RGRTA reserves the right,
however, to impose an exclusion of greater length for any violation where the
severity of the violation warrants it, even if it is the first
violation:
(i) first violation = 7 or
30 days exclusion;
(ii) second
violation = 30 or 60 days exclusion;
(iii) third violation = 90 days
exclusion;
(iv) each successive
violation occurring in a 5 year period = 180 days exclusion.
(7) Appeal procedure. The
following appeal process shall be provided to any person excluded from RGRTA
transit vehicles, facilities or properties for a period of 31 days or more. Not
later than 10 calendar days after commencement of the exclusion, an excluded
person may appeal in writing to the RGRTA chief executive officer or his/her
designee, for de novo review (a new review) of the exclusion. Commencement of
the exclusion shall be defined as the date upon which the exclusion became
effective and shall be determined by RGRTA's official records. The appellant
may request a hearing or may request review without a hearing based on a
written statement setting forth the reasons why the exclusion is invalid or
improper. If the excluded person is unable to respond in written format, RGRTA
will make reasonable accommodation to allow due process. The chief executive
officer shall convene a Hearing Panel comprised of three persons selected as
follows:
(i) the director of transit center
and field operations or designee;
(ii) the manager of field operations or
designee;
(iii) the director of RTS
bus operations or designee; or
(iv)
a person selected from the RGRTA staff by the chief operating officer or
designee.
The said RGRTA staff person shall be a person other than the
chief executive officer. The decision of the majority of the members of the
hearing panel shall be the decision of the hearing panel. The hearing panel
shall hear the appeal-or if no hearing is requested, review the matter based
upon the record-and render a written decision within 20 calendar days after the
receipt of the appeal. The decision of the hearing panel shall be
final.
(8)
Hearing. If a hearing is requested, the hearing shall be held within 20
calendar days after receipt of the appeal, and a written decision shall be
rendered within 20 calendar days after the hearing. Exclusions shall not be
stayed during the appeal process. If an appellant requires public
transportation services to attend the hearing, the appellant shall contact the
RGRTA chief executive officer, or his/her designee, five business days prior to
the hearing date, and RGRTA shall make arrangements to provide the necessary
public transportation services for the appellant.
(9) Other laws not limited. The enforcement
of this section is not intended to limit, in any manner, the enforcement of any
applicable Federal, State or municipal laws, provided RGRTA is not authorized
to assist a patron or employee in enforcing a court order prohibiting or
restricting contact with any other person other than to notify appropriate law
enforcement personnel via RGRTA's radio control/dispatch or security.
(c)
Liability.
Nothing in this section shall create a duty to any person on
the part of RGRTA or form any basis for liability on the part of RGRTA, its
officers, agents, or employees. The obligation to comply with this section is
solely that of any person entering and using RGRTA transit vehicles,
facilities, and properties and RGRTA's enforcement of this section is
discretionary not mandatory.