Customers have a right to appeal suspension actions. The process for appeal is the same for fixed route service and demand response service suspensions.
If the customer is dissatisfied with the results of the initial review, the customer may request an administrative hearing of the prohibition order no later than five (5) business days after receipt of the initial administrative review. Customers may file their request by phone, in writing, or in person.
The Appeals Review Officer, or their designee, will have ten (10) business days from the receipt of the contest to complete the review and issue a determination using the delivery methods described previously. Customer appeals can be submitted in electronic or written format, by telephone at (209) 477-7011, or in person, directed to the Appeals Review Officer.
The appeals hearing request should state which type of hearing is requested (in person or by mail), and whether the customer wishes to attend and present evidence.
Once a request for an appeal hearing is received by the StanRTA, the customer’s suspension is again automatically stayed. The period of the stay is from the time the customer files the protest to the day after the delivery of the Appeals Review Officer’s decision. If the StanRTA rescinds the suspension, the customer may resume ridership immediately upon notification. If the StanRTA upholds it, the suspension, will resume and continue until the termination date.
The appeal hearing shall be conducted by the Appeals Review Officer officer by mail or in person. The customer is not required to participate in the hearing but may participate by submitting written or oral rebuttal to the evidence in the suspension order. Customers wishing to participate in person at the hearing must submit their request to do so as part of the appeal request. If the customer requesting the hearing cannot attend, he or she may have another person represent them at the hearing. If the customer or a designated representative is not present at the hearing, the Appeals Review Officer’s decision will be based on the documentation available at the time.
Appeal proceedings will take place during normal business hours at the StanRTA offices, 912 11th Street, Suite 100, Modesto, CA 95354, or an accessible public facility.
The Appeals Review Officer will review the documentation supporting the suspension action. Documentation submitted by the customer in rebuttal to the charges, if any, will then be examined. Once all documentation has been presented, the appeals Appeals Review Officer will have five (5) business days after the appeal hearing to issue a written decision delivered to the customer in an agreed-upon manner as described previously within this policy.
If the Appeals Review Officer determines that the suspension should be upheld, the StanRTA shall issue a written statement to that effect. The Appeals Review Officer’s decision is final.