Reasonable Accommodation/Modification Appeals
Reasonable Accommodation/Modification Appeals Process
A complainant who is not satisfied with AC Transit’s response to a complaint regarding a request for reasonable accommodation/modification or alleging any action by AC Transit that is prohibited by the Americans with Disabilities Act (ADA) regulations has the right to appeal.
The Reasonable Accommodation/Modification Appeals Panel consisting of an AC Transit Accessible Services Representative, a member of the AC Transit Accessibility Advisory Committee and an AC Transit Customer Relations Representative will hear the appeal. The appeal date and time will be established based on the availability of the three (3) member panel and within calendar 21 days of the date of the appeals request.
The panel will meet and make a decision based on information from the appellant, ADA regulations and exceptions to the rule spelled out in the regulation. These exceptions are:
- When the modification/accommodation would cause a direct threat to the health or safety of others,
- Would result in a fundamental alteration of the service,
- Would not actually be necessary in order for the individual with a disability to access the entity’s service, or
- Would result in an undue financial and administrative burden (for recipients of Federal financial assistance).
Reasonable Accommodation/Modification Appeals
If you disagree with the AC Transit’s response to your request for reasonable accommodation/modification or alleging an action prohibited by the Americans with Disabilities Act (ADA) regulation found at 49 CFR Part 27, 37, 38, and 39, you may file an appeal. Please read the following directions.
1. Complete the Request for Appeal Form within 21 days of the date of the response to your initial complaint. If you do not request an appeal by this date, you forfeit your right to appeal the decision. Mail or email the appeal form to:
Senior Program Specialist
AC Transit
1600 Franklin Street, 7th Floor
Oakland, CA 94612
All appeals must be submitted in writing. If you are unable to write because of a disability and need assistance in completing the form, AC Transit staff will assist by scribing your appeal request by phone. Please contact Customer Relations at (510) 891-4777 or 711 for the California Relay Service.
2. You will be notified of the date and time when your hearing is scheduled. If you need a language or sign language interpreter, request one at least seven days in advance of the hearing.
We encourage you to attend the hearing. If you are not available at the time specified but want to attend, please let us know immediately. If you choose, you may send a representative to meet with the Reasonable Accommodation/Modification Appeals Panel, or you may submit information in writing that you’d like the Panel to consider. If you, or your representative, do not attend, after agreeing with the appointment, the Reasonable Accommodation/Modification Appeals Panel will make a decision based on all the information available at the time of the hearing.
3. The Reasonable Accommodation/Modification Appeals Panel includes an AC Transit Accessible Services Representative, a member of the AC Transit Accessibility Advisory Committee and an AC Transit Customer Relations Representative. This Panel will make a decision on your appeal within 30 days of your hearing and you will be notified in writing of the decision.
4. The appeal date and time will be established based on the availability of The Reasonable Accommodation/Modification Appeals Panel and within calendar 21 days of the date of the appeals request.
5. The decision of the Reasonable Accommodation/Modification Appeals Panel Appeals Panel is final.
6. For additional information please contact:
Senior Program Specialist
AC Transit
1600 Franklin Street, 7th Floor
Oakland, CA 94612