BIL 240 Draft 01 2014-2016 - Laserfiche WebLink

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Section 18-_. County reserves right to suspend service; appeal. (a) The mass transit agency may establish an administrative process to suspend, for a reasonable period of time, the provision of Hele-On Kako`o to ADA eligible individuals who establish a pattern or practice of missing scheduled trips. (b) Trips missed by the individual for reasons beyond his or her control including, but not limited to, trips missed due to operator error, shall not be a basis for determining that such a pattern or practice exists. (c) Before suspending service, the mass transit agency shall: (1) Notify the individual in writing that the County proposes to suspend service, citing with specificity the basis for the proposed suspension and setting forth the proposed sanction. (2) Provide the individual an opportunity to be heard and to present information and arguments, pursuant to chapter 91 of the Hawai`i Revised Statutes, as amended. (3) Provide the individual with written notification of the decision and the reasons for the decision. (d) Any person whose service to Hele-On Kako`o is suspended, and disagrees with the decision, may file an appeal within sixty days of the suspension of service to the commission, who shall render a final decision within forty-five days. If the commission has not made a decision within forty-five days, the County shall provide paratransit service from that time until and unless a decision to deny the appeal is issued." SECTION 2. Severability. If any provision of this ordinance, or the application thereof to any person or circumstance, is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are declared to be severable. SECTION 3. This ordinance shall take effect upon its approval. INTRODUCED BY: COUNCIL IEMBER, COUNTY OF HAWAII , Hawai`i Date of Introduction: Date of 1st Reading: Date of 2nd Reading: Effective Date: REFERENCE Comm. 1047 2