[Code of Federal Regulations]
[Title 49, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 49CFR37.125]

[Page 400-401]
 
                        TITLE 49--TRANSPORTATION
 
          Subtitle A--Office of the Secretary of Transportation
 
PART 37_TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (ADA)
--Table of Contents
 
      Subpart F_Paratransit as a Complement to Fixed Route Service
 
Sec.  37.125  ADA paratransit eligibility: Process.

    Each public entity required to provide complementary paratransit 
service by Sec.  37.121 of this part shall establish a process for 
determining ADA paratransit eligibility.
    (a) The process shall strictly limit ADA paratransit eligibility to 
individuals specified in Sec.  37.123 of this part.
    (b) All information about the process, materials necessary to apply 
for eligibility, and notices and determinations concerning eligibility 
shall be made available in accessible formats, upon request.
    (c) If, by a date 21 days following the submission of a complete 
application, the entity has not made a determination of eligibility, the 
applicant shall be treated as eligible and provided service until and 
unless the entity denies the application.
    (d) The entity's determination concerning eligibility shall be in 
writing. If the determination is that the individual is ineligible, the 
determination shall state the reasons for the finding.
    (e) The public entity shall provide documentation to each eligible 
individual stating that he or she is ``ADA Paratransit Eligible.'' The 
documentation shall include the name of the eligible individual, the 
name of the transit provider, the telephone number of the entity's 
paratransit coordinator, an expiration date for eligibility, and any 
conditions or limitations on the individual's eligibility including the 
use of a personal care attendant.
    (f) The entity may require recertification of the eligibility of ADA 
paratransit eligible individuals at reasonable intervals.
    (g) The entity shall establish an administrative appeal process 
through which individuals who are denied eligibility can obtain review 
of the denial.

[[Page 401]]

    (1) The entity may require that an appeal be filed within 60 days of 
the denial of an individual's application.
    (2) The process shall include an opportunity to be heard and to 
present information and arguments, separation of functions (i.e., a 
decision by a person not involved with the initial decision to deny 
eligibility), and written notification of the decision, and the reasons 
for it.
    (3) The entity is not required to provide paratransit service to the 
individual pending the determination on appeal. However, if the entity 
has not made a decision within 30 days of the completion of the appeal 
process, the entity shall provide paratransit service from that time 
until and unless a decision to deny the appeal is issued.
    (h) The entity may establish an administrative process to suspend, 
for a reasonable period of time, the provision of complementary 
paratransit service to ADA eligible individuals who establish a pattern 
or practice of missing scheduled trips.
    (1) Trips missed by the individual for reasons beyond his or her 
control (including, but not limited to, trips which are missed due to 
operator error) shall not be a basis for determining that such a pattern 
or practice exists.
    (2) Before suspending service, the entity shall take the following 
steps:
    (i) Notify the individual in writing that the entity proposes to 
suspend service, citing with specificity the basis of the proposed 
suspension and setting forth the proposed sanction.
    (ii) Provide the individual an opportunity to be heard and to 
present information and arguments;
    (iii) Provide the individual with written notification of the 
decision and the reasons for it.
    (3) The appeals process of paragraph (g) of this section is 
available to an individual on whom sanctions have been imposed under 
this paragraph. The sanction is stayed pending the outcome of the 
appeal.
    (i) In applications for ADA paratransit eligibility, the entity may 
require the applicant to indicate whether or not he or she travels with 
a personal care attendant.