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COUNTY OF HAWAII ‘.i '=\'*'• STATE OF HAWAII
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BILL NO. 240
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 18, ARTICLE 4 OF THE HAWAII
COUNTY CODE 1983 (2005 EDITION, AS AMENDED), BY ADDING A NEW
DIVISION RELATING TO THE HELE-ON KAKO`O COMPLEMENTARY
PARATRANSIT SERVICE.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 18, article 4 of the Hawai`i County Code 1983 (2005 Edition, as
amended) is amended by adding a new division to be appropriately designated and to read as
follows:
"Division_. Complementary Paratransit Service.
Section 18-_. Purpose; scope.
(a) The mass transit agency shall provide complementary paratransit services for fixed route
services operated by the County, which complementary paratransit service shall be referred
to hereinafter as Hele-On Kako`o.
(b) Hele-On Kako`o shall comply with all federal and state regulations as they relate to
complementary paratransit services for public transportation.
Section 18-_. County reserves right to deny eligibility; appeal.
(a) The mass transit agency shall determine service eligibility based on the review and
recommendations provided by a third-party assessment.
(b) If eligibility is to be denied, the mass transit agency shall:
(1) Notify the individual in writing that eligibility will be denied, citing with specificity
the basis for denial and allow for an opportunity for the individual to present
information and arguments, pursuant to chapter 91 of the Hawai`i Revised Statutes, as
amended.
(2) Upon receipt and review of any additional information and/or arguments provided by
the individual, provide the individual with written notification of the decision and the
reasons for the decision within sixty days of receipt of the third-party assessment.
(c) Any person who submits a complete application, is denied Hele-On Kako`o eligibility, and
disagrees with the decision may file an appeal within sixty days of the denial for 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 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
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