Rhode Island Code of Regulations
Title 840 - Public Transit Authority
Chapter 00 - N/A
Subchapter 00 - N/A
Part 2 - Eligibility for RIPTA's Americans with Disabilities Act (ADA) Paratransit Service (840-RICR-00-00-2)
Section 840-RICR-00-00-2.4 - RIPTA's Process to Determine ADA Paratransit Eligibility (49 C.F.R. Section 37.125)

Universal Citation: 840 RI Code of Rules 00 00 2.4

Current through September 18, 2024

A. All information about the eligibility process, including applications for eligibility, notices and determinations concerning eligibility, shall be made available in accessible formats, upon request.

B. Requests for the ADA Paratransit Application shall be made to RIPTA in writing, by phone, or via email or in person.

C. An application may be submitted by mail or in person. If an individual has not received a determination of eligibility within twenty-one (21) days following the receipt by RIPTA of a complete application, the applicant shall be treated as eligible and receive service until and unless RIPTA denies the application.

D. If the RIPTA Ride office determines an individual to be eligible for ADA Paratransit Service, a confirmation letter shall be sent to that individual. The letter shall include RIPTA's name, the telephone number of the RIPTA Ride Customer Service Office, an expiration date for eligibility, and any conditions or limitations on the individual's eligibility, including the use of a personal care attendant.

E. The following procedures shall apply in the case of a denial of ADA paratransit eligibility:

1. A denial letter shall be sent to the applicant and shall state specifically the reasons for the finding. The letter will include materials about the RIPTA Reduced Fare Bus Pass Program for Seniors and Individuals with Disabilities.

2. The applicant may appeal the denial decision within sixty (60) days and may reapply for ADA Paratransit service in the future if there has been any change in his or her condition.

3. The applicant must submit his or her appeal in writing or via e-mail to the attention of RIPTA's Executive Director of Paratransit Services. As part of the appeal, the applicant may supply additional information pertaining to his or her disability.

4. RIPTA's Chief Executive Officer has designated the Executive Director of Paratransit Services (EDPS) to review the appeal, provided that the EDPS was not involved in the initial decision to deny eligibility. In such incidents the RIPTA Chief Legal Counsel shall review the appeal.

5. RIPTA's Executive Director of Paratransit Services or his/her designee will hold an appeal hearing within fourteen (14) days of the receipt of the appeal letter. The hearing will give the applicant, and his or her representatives, an opportunity to be heard and to present information and arguments. The applicant will receive a written notification of RIPTA's decision on the appeal.

6. RIPTA is not required to provide paratransit service pending the determination on appeal. However, if RIPTA has not made a decision within thirty (30) days of the completion of the appeal hearing, paratransit service shall be provided to the applicant from that time until and unless a decision to deny the appeal is issued.

F. RIPTA may suspend, for a reasonable period of time, the provision of paratransit service to an ADA certified individual who displays an unacceptable pattern or practice of missed trips during a six-month period. Before suspending service, RIPTA shall provide the individual with written notice explaining the basis for the suspension, setting forth the proposed sanction and alerting the individual of his or her right to appeal the decision in writing within sixty (60) days to RIPTA's Executive Director of Paratransit Services for review and determination. Upon RIPTA's receipt of an appeal of the suspension, RIPTA's Executive Director of Paratransit Services will hold an appeal hearing within fourteen (14) days. At the appeal hearing, the appellant will have the opportunity to be heard and to present written and oral information. RIPTA will issue a written decision on the appeal within thirty (30) days of the completion of the appeal hearing. The proposed sanction is stayed pending the outcome of the appeal.

Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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