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64 Attachment No. 7 One Agencyâs Enforcement Policy Concerning Exclusion from Service and Procedure for Appeal and Hearing A. [DELETED] B. ENFORCEMENT 1. Removal from [AGENCY] Vehicles, Facilities, and Properties. Any person engaging in prohibited conduct under the provisions of Article [NUMBER] may be refused entrance upon or ordered to leave [AGENCY] vehicles facilities and properties by a commissioned law enforcement official, [AGENCY] personnel as authorized by the Executive, or Director of [AGENCY] or authorized personnel of a contracted service provider in accordance with the terms of the applicable service contract. Failure to immediately comply with such a removal order may be grounds for prosecution for criminal trespass and/or unlawful bus conduct. 2. Exclusion from Service. (a) Basis for Exclusion. Engaging in prohibited conduct under Article III shall be cause for excluding or restricting a person from entering and using all or any part of [AGENCY] vehicles, facilities, and properties for a period of time not to exceed one year, unless otherwise authorized by law (SIP69.50.435). (b) Notice Procedure. [AGENCY] s h a l l give a person to be excluded from 1W vehicles, facilities, and properties written notice, by personal delivery or by mailing a copy, by U.S. Mail, return receipt requested, addressed to the person's last known address. The notice shall specify the reason for exclusion, identify the scope, duration, and effective date of the exclusion, and explain the appeal process. (c) Constructive Notice. Receipt of a notice is construed to have occurred if the person knew or reasonably should have known from the circumstances that he/she is excluded from [AGENCY] vehicles, facilities and properties. Receipt of a notice is also presumed to have been accomplished three (3) calendar days after the notice has been placed in the U.S. mail to the person's last known mailing address. (d) Immediate Refusal or Removal. A person may be immediately re-seated, refused transportation, or removed from [AGENCY] vehicles, facilities, and properties without prior written notice if the person has engaged in prohibited conduct under Article [NUMBER] which, in [AGENCY] discretion, poses a safety or security risk, interferes with or impinges on the rights of others, impedes the free flow of the general public, or impedes the orderly and efficient use of [AGENCY] vehicles, facilities, and properties. (e) Length of Exclusion. The following guidelines shall be used in determining
65 the duration of a particular exclusion for engaging in prohibited conduct under the provisions of Article [NUMBER]. The actual exclusion period imposed may be shorter or longer depending on the circumstances of each case. First Offense: up to 90 days Second Offense: up to 180 days Third Offense: up to 365 days Each Subsequent Offense: up to 365 days (f) Appeal Procedure. Not later than fifteen (15) calendar days after commencement of the exclusion, an excluded person may appeal in writing to the [AGENCY] Director of Operations, or his/her designee, for de novo review of the exclusion. The appellant may request a hearing or may request review without a hearing based on a written statement setting forth the reasons why the appellant believes exclusion is invalid or improper. If the appellant is unable to respond in written format, [ ] will make reasonable accommodations. (g) Hearing. If the appellant does not request a hearing, the Director of Operations, or his/her designee, shall render a written decision within five (5) business days after receipt of the appeal. If a hearing is requested, the hearing shall be held within thirty (30) calendar days after receipt of the appeal, and a written decision shall be rendered within ten (10) calendar days after the hearing. The exclusion shall remain in effect during the appeal process. If an appellant requires ublic transportation services to attend the hearing, appellant shall contact [NAME] five (5) business days prior to the hearing date and [AGENCY] shall make arrangements to provide the necessary public transportation services for the appellant. (h) Missed Trips on [AGENCY] Vehicles. The appeal and hearing provisions in subsection (f) and (g) above shall not apply to exclusion based on a violation of Article [NUMBER] concerning [DESCRIBE]. The written notice of such violation provided in Article [NUMBER] shall provide the appellant an opportunity to appeal within thirty (30) days after notice of exclusion is received. The appeal process shall include an opportunity to be heard and to present information and arguments. The exclusion is stayed pending the outcome of the appeal. (i) Refusal to Comply. The refusal to immediately comply with written or verbal notice excluding or restricting a person from [AGENCY] vehicles, facilities, and properties shall be grounds for prosecution for criminal trespass [LAW NUMBER]. 3. Other Laws not Limited The enforcement of Article [NUMBER] herein is not intended to limit, in any manner, the enforcement of any applicable federal, state or municipal laws.
66 C. LIABILITY Nothing in Article [NUMBER] herein shall create a duty to any person on the part of [AGENCY] form any basis for liability on the part of [AGENCY], its officers, agents or employees. The obligation to comply with Article [NUMBER] is solely that of any person entering and using [AGENCY] vehicles, facilities, and properties and [AGENCY] enforcement of Article [NUMBER] is discretionary not mandatory.
