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How do I appeal a transit agency’s decision that I am not eligible for paratransit?

Under Department of Transportation (DOT) Americans with Disabilities Act (ADA) regulations at 49 C.F.R. Section 37.125(g), transit operators must “establish an administrative appeal process through which individuals who are denied eligibility can obtain review of the denial.” The transit operator may require that any appeal be filed within 60 days of the denial of an application. The appeal process must include an opportunity for the applicant to be heard and to present information and arguments. Decisions regarding the appeal cannot be made by anyone who was involved in the initial decision to deny eligibility. The transit operator must provide the individual with written notification of its decision and the reasons for it. The transit operator is not required to provide paratransit service while the appeal is under consideration; however, if a decision has not been made within 30 days of the completion of the appeal process, the operator must provide paratransit service from that time until and unless a decision to deny the appeal is issued.

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