Chapter 18 Provisions 230920 Clean

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PUBLIC TRANSPORTATION § 18-97 Section 18-97. Appeals. (a) Any applicant or passenger who is aggrieved by a decision by the mass transit agency regarding eligibility or suspension, may appeal the decision to the County transportation commission. (b) Appeals must be filed with the commission within sixty days of the date on the notification of themass transit agency's determination. The appeal shall be effected by filling out the notice of appeal in a form prescribed by the mass transit agency and filing the same with the transportation commission. (c) Within sixty days from the date of mailing or personal service of such notice of appeal upon the mass transit agency, the commission shall afford the applicant or passenger an opportunity to be heard andto present information or arguments or both. The notice and hearing requirements shall conform to the applicable provisions of Chapter 91, Hawai`i Revised Statutes, as amended. (d) The transportation commission may affirm, reverse, or modify the decision under appeal based upon findings of facts which justify the decision. (e) The commission shall provide a final written decision within thirty days of the close of the hearing. The County shall not be required to provide paratransit service to the passenger pending the resolution of the appeal. However, if the commission does not provide a decision within this time, service shall resume or be provided to the passenger. (2016, ord 16-108, sec 1.) Division 3. Fixed Route Service. Section 18-98. County Bus System. (a) The mass transit agency shall be responsible for the operation and maintenance of the County bus system in accordance with the charter, this chapter, and applicable statutes and ordinances. (b) The mass transit agency shall establish the routes, schedules, and levels of service of the County bus system. The routes, schedules, and levels of service shall be in conformance with the transit and multi-modal transportation master plan and any update thereof. (c) Fares for passengers of the County bus system shall be as established under division 1 of this article. (d) The mass transit agency shall have the power to establish or designate park and ride facilities to be served by the County bus system. Park and ride facilities established or designated by the mass transit agency shall be: (1) In conformance with the transit and multi-modal transportation master plan and any update thereof; and (2) In compliance with general plan and zoning ordinances and maps, the building code and fire code, and other applicable laws or ordinances concerning land use, planning, and building construction. (e) Park and ride facilities "established" by the mass transit agency mean facilities under the management of the mass transit agency. Park and ride facilities "designated" by the mass transit agency mean those which, although served by the County bus system, are not under the management of the mass transit agency. 18-35 SUPP. 1 (1-2017)