ADA Toolkit

The purpose of this document is to provide rural public transit agencies with a sample of an appeals process for ADA complementary paratransit. This template is only appropriate for public transit systems that provide ADA complementary paratransit (which is required only for public transit agencies that provide fixed route services). Transit agencies which provide ADA complementary paratransit must establish an appeals process through which individuals who are denied eligibility or receive conditional eligibility can obtain review of the eligibility decision. An appeals process must also be in place for appeals related to ADA complementary paratransit service suspensions because of excessive no-shows. The appeals process must comply with 49 CFR Section 37.125(g). The FTA ADA Circular provides guidance on the required appeals process in Chapter 9, Section 9.7. The transit agency is advised to review this guidance.

Instructions: 

The transit agency is advised to carefully read all elements of this process template and edit to reflect its local policies and practices. The items in red should be customized for the transit agency and its own local policies. 

The items in purple are additional notes and instructions related to customizing the template. Please make sure to delete these comments in the final policy document. 

__ (insert name of transit agency) _

Appeal Process for ADA Paratransit Eligibility Determination and 

Service Suspension from Excessive No-Shows

Date: _______

Introduction and Purpose 

The U.S. Department of Transportation (U.S. DOT) regulations for implementing the Americans with Disabilities Act of 1990 (ADA) (49 CFR Part 37) require a public transit agency with ADA paratransit service to have an appeals process as part of its eligibility determination process [49 CFR Part 37, Subpart F, 37.125(g)] and for service suspensions related to a pattern or practice of no-shows [49 CFR, Subpart F, Section 37.125(h)].

Policy

__ (insert name of transit agency)__ has established an appeal process for the following:

• An applicant for ADA paratransit or an eligible rider recertifying eligibility who is denied eligibility or given conditional or temporary eligibility may appeal the decision. 
• An ADA eligible rider receiving notice of a service suspension due to a pattern or practice of no-shows may appeal the decision.

Procedures

• Submit an Intent to Appeal: The individual appealing, referred to as the appellant, must submit an intent to appeal in writing, and it must be filed within 60 days of notification of the eligibility determination or of a service suspension. 
• The written intent to appeal should be sent: 
• By first class mail to __(insert position name. name of transit agency, and mailing address) __, or
• By email to __(insert appropriate email address – should be an address that ensures those logging/tracking appeals to receive) __.
• The written intent to appeal may state the reason(s) for the appeal with supporting information, and this would be helpful for __ (insert name of transit agency)__ to review the appeal, but this is not required. 

• Appeals Hearing: Once the intent to appeal is received, __(insert name of transit agency)__ will schedule an Appeals Hearing within 30 days.
• The appellant will be notified in writing of the date, time, and location of the Hearing.
• The appellant may attend in person along with an attendant or representative if desired; however, attending in person is not required. 
• If the appellant does not attend in person, they may have another person attend as the representative. This also is not required.
• The appellant may provide before the Hearing or bring to the Hearing any information or evidence, orally or in written form, that supports the appellant’s appeal.

• Appeals Committee: The appeal will be heard by the Appeals Committee, which is composed of three staff members of __(insert name of transit agency)__. These include the __(insert titles of positions appointed to the Appeals Committee, e.g., General Manager, the Operations Manager, and Administrative Services Manager) ___. 

[Depending upon the staffing of the transit agency, the three positions may vary but importantly, the staff member who made the determination on eligibility or the service suspension must not be involved as a member of the Appeals Committee. Section 9.7.4 of the FTA ADA Circular notes that an optional good practice for eligibility-related appeals is to compile a roster of specialists to call upon according to each appellant’s disability. See Section 9.7.4 of the FTA ADA Circular for additional selections.]

• Decision: The Appeals Committee will make a decision on the appeal within 30 days of the Appeals Hearing and provide the decision and reasons for the decision to the appellant in writing. If a decision on the appeal has not been made within 30 days after the Appeals Hearing, the appellant will be provided ADA paratransit service until a final decision is made. 

• Is ADA paratransit provided during the appeals process? The provision of ADA paratransit from the time when the appeal is received by __(insert name of transit agency)__ to the time when a decision on the appeal is made depends on the reason for the appeal:
• If the appellant is a new applicant for ADA paratransit, no ADA paratransit will be provided until a decision has been made by the Appeals Committee.
• If the appellant is currently eligible for ADA paratransit and whose recertification is denied or given conditional or temporary eligibility, ADA paratransit will be provided until a decision has been made by the Appeals Committee.
• If the appellant is appealing service suspension due to a patten or practice of no-shows, ADA paratransit will be provided until a decision has been made by the Appeals Committee.

• Recordkeeping: Documentation related to the appeal and its outcome will be retained for a period of three years, with a record in summary form kept for five years. [Recommended but not required by ADA regulations for appeals. Note that ADA-related complaints must be keep on file for one year, and a record of all such complaints, which may be in summary form, must be kept for five years.]
  

Updated January 14, 2025