Administration of ADA Paratransit Eligibility Appeal Programs (2018) / Chapter Skim
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From page 69... ...
E-1 A P P E N D I X E TriMet LIFT Eligibility Appeal Policy and Appeal Procedure LIFT Paratransit Eligibility Determination Appeal Policy Appellants found not eligible for LIFT paratransit or found eligible with specified conditions or found temporarily eligible, may request an appeal of those decisions. This document outlines the steps for requesting an appeal and the procedure governing the appeal process.
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From page 70... ...
E-2 Administration of ADA Paratransit Eligibility Appeal Programs LIFT Paratransit Eligibility Determination Appeal Policy Page 2 The Appellant shall timely call and leave a message requesting an appeal to: LIFT Administration at (XXX) XXX-XXXX, Option 4.
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From page 71... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-3 LIFT Paratransit Eligibility Determination Appeal Policy Page 3 Panel or its designee shall promptly consider and decide all requests for the appearance of witnesses, considering the witness's relevance to the decision being appealed or the likelihood that the witness will assist the Appeal Panel in deciding the appeal. The Appeal Panel does not have subpoena power to order the appearance of witnesses.
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From page 72... ...
E-4 Administration of ADA Paratransit Eligibility Appeal Programs LIFT Paratransit Eligibility Determination Appeal Policy Page 4 Following the submission date, the Appeal Panel shall review the Appellant's file and written submissions, if any, and decide the matter. Evidentiary Burden and Standard TriMet shall have the burden of demonstration that the Appellant's eligibility for paratransit service was appropriately determined.
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From page 73... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-5 LIFT Paratransit Eligibility Determination Appeal Procedure Individuals found not eligible for LIFT paratransit, or found eligible with specified conditions, or found temporarily eligible, may request an appeal of those decisions ("Appellant")
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From page 74... ...
E-6 Administration of ADA Paratransit Eligibility Appeal Programs LIFT Paratransit Eligibility Determination Appeal Procedure Page 2 The Appellant shall timely call and leave a message requesting an appeal to: LIFT Administration at (XXX) XXX-XXXX, Option 4.
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From page 75... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-7 LIFT Paratransit Eligibility Determination Appeal Procedure Page 3 has been received, LIFT staff shall prepare a written notice of withdrawal and send it to the Appellant. If the Appellant disagrees with the notice of withdrawal, Appellant has 10 days from the date the notice of withdrawal was mailed, including the date of mailing, to object.
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E-8 Administration of ADA Paratransit Eligibility Appeal Programs LIFT Paratransit Eligibility Determination Appeal Procedure Page 4 iii. Appellants may submit not later than three days before the appeal hearing, including the date of the hearing, written arguments, evidence, and any other information the Appellant wishes the Appeal Panel to consider before the hearing.
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From page 77... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-9 LIFT Paratransit Eligibility Determination Appeal Procedure Page 5 object to any proposed findings, summary of evidence, or order of the Appeal Panel.
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E-10 Administration of ADA Paratransit Eligibility Appeal Programs LIFT Paratransit Eligibility Determination Appeal Procedure 6 preclude action by the Appeal Panel on the record unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their serious affairs will be admissible.
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From page 79... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-11 LIFT Paratransit Eligibility Determination Appeal Procedure Page 7 record. The standard of admissibility for evidence and information presented in connection with an appeal is whether the evidence or information is of the type that a reasonable person would rely upon in making decisions about their personal affairs.
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E-12 Administration of ADA Paratransit Eligibility Appeal Programs If no decision is made on an appeal of eligibility determination within 30 days after the date of (1) the appeal hearing (including the date of the hearing)
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From page 81... ...
TriMet LIFT Eligibility Appeal Policy and Appeal Procedure E-13 LIFT Paratransit Eligibility Determination Appeal Procedure Page 9 c. The Appeal Panel may grant a rehearing petition if good and sufficient reason therefor appears.
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