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D-1 A P P E N D I X D RTC of Southern Nevada Letter for âAppeal Remandedâ Date Name Address APPEAL REMANDED Dear Ms. : After careful consideration, the Appeal Hearing Officer concluded that the information you provided in your request for appeal application did not have any additional information about your physical functional disability that would make you eligible for RTC Paratransit Services and it is his final decision to uphold the denial of service. The entire written decision of the Hearing Officer is included for your records. However; The Appeal Hearing Officer recommended that you return for a functional assessment with your walker. Please call (XXX)XXX-XXXX to schedule this evaluation at you earliest convenience. RTC Paratransit Services, in accordance with federal regulations set out at 49 CFR, Section 37.123 (a) and (e) mandates that an individual have a specific impairment-related condition that prevents the individual from traveling to or from a bus stop, not just make it more difficult. It is the opinion of the Hearing Officer that while it might be more difficult for you to access the Regional Transportation Commission of Southern Nevada (RTC) Fixed Route Transit Services, you would not be prevented from using the fixed route transit service. Therefore, you do not meet the strict criteria for ADA Paratransit eligibility. âThe decision of the Appeal Hearing Officer is the final decision within the RTC. In the event that your condition changes to a point where you are prevented from accessing fixed route service, either all of the time or some of the time, you may re-apply with detailed medical documentation that directly addresses how your disability has progressed to impair your functional ability. The American with Disabilities Act of 1990 is civil rights legislation, which would afford you additional process rights through federal district courts and through federal administrative processes at the U.S. Department of Transportation in accordance with 49 D.F.R. Section 37.11â. Sincerely, ADA Certification Supervisor Enclosure: Hearing Officerâs Written Decision
