APPEALS: The following process will guide the appeals process for individuals who are denied ADA eligibility or an ADA reasonable modification:
1. An appeal must be filed in writing at the Authority office within sixty (60) days of receiving accessible notification of denial.
2. An appeal hearing will be scheduled within thirty (30) days of receiving an appeal and all parties will be notified in writing of such hearing. The Appeals Officer will be the Chairman of the MMVTA Board of Director’s Steering Committee. This Appeals Officer for the Authority is someone who is not involved in the initial decision to deny eligibility.
3. The individual making the appeal will remain ineligible for the service or modification until the appeals process is completed.
4. If the appeal is in regards to denial of ADA eligibility, the individual making an appeal will, however, become temporarily eligible for service if a decision on eligibility has not been made within (30) days of the completion of the appeals process. The eligibility will end if the appeal is denied.
The MMVTA values all of their customers and will strive to ensure their customers, in particular, those with disabilities’ needs are considered when developing fixed route bus services and stops, passenger amenities, and when procuring vehicles and equipment. MMVTA’s customers who utilize their ADA complementary paratransit service are provided with door to door service vs curb to curb in order to better serve their needs. As part of this commitment, the MMVTA has updated their ADA Policy & Procedures in regards to Requests for Reasonable Modification by Persons with a Disability.
To ensure that programs and services are accessible to customers with a disability, an individual may request that a modification to MMVTA’s public transit services be made in order to allow them to access and utilize the services.
There are no restrictions on when a customer can request a reasonable modification although the MMVTA supports and encourages customers to place a written request as soon as possible.
Reasonable modification requests to the MMVTA Staff or Transit Contractor Employees must consider any and all requests for reasonable modifications but shall take into account the following exceptions:
Will not place an undue financial and/or administrative burden on the MMVTA and/or their transportation contractors;
Will not constitute a fundamental alteration of MMVTA’s current transportation services, programs or activities;
Cannot cause a direct threat to the health or safety of others;
Cannot adversely affect the service provided to other MMVTA customers;
Cannot jeopardize the functionality or use of equipment used to provide MMVTA’s transit services; and
May not be approved if the individual with a disability is still able to fully use the MMVTA’s services, programs, or activities for their intended purpose without the requested modification.
Whenever feasible, requests for modifications should be made in advance. This is particularly appropriate where a permanent or long term condition or barrier is the basis for the request. In the ADA paratransit context, requests can be made in conjunction with MMVTA’s ADA complementary paratransit service eligibility process.
The MMVTA’s process for public submittals of requests for reasonable modifications is as follows:
Requests should be as specific as possible and include information on why the requested modification is needed in order to allow the individual to use MMVTA’s services.
Requests should be made in writing or by email, but the MMVTA will accept a request by phone if needed. Requests should be directed to the MMVTA Executive Director, 1300 McKean Avenue, Charleroi, PA 15022 or firstname.lastname@example.org.
If a phone request is made and the MMVTA Executive Director is unavailable, the request will be directed to a designee. Phone requests to the MMVTA must be made during normal business days and hours of operations of the MMVTA’s administrative offices (currently Monday-Friday, 8:30 AM to 4:30 PM).
If the MMVTA’s administrative offices are not open and a reasonable modification request is needed, the requestor may contact the MMVTA’s transportation service providers. Currently these providers are as follows (but may be subject to change):
- Fixed Route Services – MV Transportation, Donora, PA – 724-379-5956
- ADA Complementary Paratransit Service – Washington County Transportation Authority, Washington, PA – 1-800-331-5058
“On-the-spot” requests will be accepted for circumstances that may arise while utilizing MMVTA’s transportation services by making a request to the driver. Such requests should be made as soon as the circumstance is made known to the requestor. The driver may make the determination or request a decision of a supervisor dependent upon the situation.
All requests/documentation shall be maintained in a designated file at the MMVTA’s administrative offices for a minimum of five (5) years from date of request.
If a request for reasonable modification is denied, the requester has the right to protest the decision by following MMVTA’s ADA protest procedures. Copies are available upon request. Also, a copy of the ADA protest procedures will be included with the written decision of denial. The MMVTA will take, to the maximum extent possible, any other actions that may be available to them to ensure that the individual with a disability receives the services or benefits provided by the MMVTA that would not result in a direct threat or fundamental alteration.
The MMVTA can refuse to provide service to an individual with disabilities if that individual engages in violent, seriously disruptive, or illegal conduct, or represents a direct threat to the health or safety of others. However, the MMVTA will not refuse to provide service to an individual with a disability solely because the individual’s disability results in an appearance or behavior that may offend, annoy, or inconvenience MMVTA staff/employees or other persons.
The reasonable modification process and use information will be made readily available to the public. ADA-accessible formats will be provided upon request.