APPEALING MATA AND ADA PARATRANSIT ELIGIBILITY Under the Department of Transportation (D.O.T.) Americans with Disabilities Act (A.D.A.) regulations 49 C.F.R. Section 37.125(g), transit service providers must "establish an administrative appeal process through which individuals who are denied eligibility can obtain review of the denial." MATAplus' A.D.A. Paratransit Eligibility Appeal Process is intended to give applicants who have been denied eligibility or who have been deemed conditionally or temporarily eligible and the opportunity to have their case heard independent of the initial decision-maker. That means any eligibility decision that does not give you full or unconditional eligibility.
Types of Eligibility-There are three types of eligibility:
Unconditional Eligibility - Your disability or health condition always prevents you from using fixed-route buses or a trolley, and you qualify for A.D.A. Paratransit service for all of your trips.
Conditional Eligibility - You are able to use the fixed-route buses or a trolley for some of your trips and qualify for A.D.A. Paratransit service for other trips when your disability or environmental barriers prevent the use of fixed-route transit service.
Temporary Eligibility - You have a health condition or disability that temporarily prevents you from using the fixed-route buses or a trolley.
You can appeal any eligibility decision made by the MATA that limits your ability to use MATAplus. For example:
- You were found "Not Eligible" for A.D.A. Paratransit
- You were found "Conditionally Eligible" and disagree with the eligibility categories you were given, or you think the conditional status is wrong.
- The eligibility granted was "Temporary Eligibility," and you disagree that your eligibility is temporary.
THE RIGHT TO APPEAL
- Applicants have 60 days from the date of the eligibility determination letter to appeal the decision in writing to the A.D.A. Compliance Officer.
- Before the hearing, the applicant's eligibility status remains unchanged from the original determination made by MATAplus.
- Appeals will be heard independently of MATAplus (by non-MATA employees).
- Applicants will have the right to speak in person on their own behalf and/or have others represent them at appeal proceedings.
- Applicants will have the right to necessary support, such as an interpreter if requested in the appeal letter.
- The determination resulting from the appeal will be made in writing within 30-Days and will state the reason(s) for the decision. If a decision is not made within 30 days of the date of appeal, full eligibility will be given until a decision is made.
- Applicants may reapply for service at any time if there is a change in their functional mobility.
PROCESS FOR ELIGIBILITY APPEAL An appeal is conducted by the A.D.A. Compliance Officer. The applicant may also request an in-person hearing or a telephone hearing. All in-person and telephone hearings must be scheduled with the A.D.A. Compliance Officer. All requests can be filed in writing, email, text, or verbally. Complete and return the Appeal Form found included with the applicant's denial letter.