(a) Single fare; use of a programmed city payment card. When the department determines a passenger is a person with a disability as defined in subsection (b) with supporting evidence of the disability provided pursuant to subsection (c), and is qualified to pay the reduced fare for a person with a disability as specified in § 15B-2.1, the department shall issue the passenger a city payment card programmed for the reduced fare for a person with a disability as set forth in the fare structure table as specified in § 15B-2.1. The person with a disability must use the programmed city payment card to pay the reduced fare for rides on the city bus system and city rail system; the reduced fare is not applicable when fares for special event services are charged or for rides on the city paratransit system.
(b) Definition. For the purposes of this section, a "person with a disability" who qualifies for the reduced fare for a person with a disability as specified in § 15B-2.1 includes any individual who, by reason of illness, injury, advanced age, congenital malfunction or other permanent or temporary incapacity or physical or mental disability, is unable, without special facilities or special planning or design, to utilize the city bus system or city rail system as effectively as a person who is not so affected. A "person with a disability" also includes a person with any incapacity or physical or mental disability that results in the inability of a person to perform one or more of the following functions necessary for the effective use of the city bus system and city rail system facilities or vehicles without significant difficulty:
(1) Negotiating a flight of stairs, escalator, or ramp;
(2) Boarding or alighting from a city transit system vehicle;
(3) Reading informational signs; or
(4) Walking more than 200 feet.
(c) Supporting evidence of disability. Applicants for the reduced fare for persons with a disability as specified in § 15B-2.1 must submit current proof of the disability provided in writing by a health care professional or any governmental agency involved in a physical or mental disability program and recognized by the department.
(d) Programmed city payment card; duration and validity.
(1) Permanent disability. A programmed city payment card for the reduced fare for persons with a disability as specified in § 15B-2.1 issued to a person with a disability whose disability is determined to be permanent will be valid for four years commencing on the date of issuance. The programmed city payment card may be renewed upon the expiration of the prior term.
(2) Temporary disability. A programmed city payment card for the reduced fare for persons with a disability as specified in § 15B-2.1 issued to a person with a disability whose disability is determined to be temporary will be valid and programmed for either two years or for the expected duration of the disability as specified in writing by a health care professional, whichever is shorter. The duration shall commence on the date of issuance. The programmed city payment card may be renewed upon the expiration of the prior term; provided that the supporting evidence of disability is presented at each renewal.
(3) An application for renewal of the programmed city payment card for a person with a disability may be made no earlier than 30 days prior to the date of expiration.
(4) In the event of loss or theft, the person to whom the programmed city payment card was issued shall notify the department immediately. Thereafter, the programmed city payment card issued to that person will be invalidated, and a replacement programmed city payment card may be issued to that person upon payment of the fee for a replacement card as specified in § 2-12.2.
(e) Restriction and forfeiture. A person with a disability who holds a valid programmed city payment card issued in accordance with this section shall relinquish the city payment card to the department upon the department's certification of eligibility of the person with a disability for use of the city paratransit system pursuant to § 15B-4.2.
(f) Appeal. A passenger who applies for the reduced fare for a person with a disability specified in § 15B-2.1 and is denied shall receive a notice in writing stating the reasons for denial. Within 30 calendar days of receipt of the notice, the passenger may appeal the decision to the director by submitting a completed notice of appeal in a form prescribed by the department. Within 20 business days from the receipt of such notice of appeal, the director or the appointed hearings officer shall schedule a hearing at which the appellant shall be entitled to be heard in person or through counsel and shall be given a full and fair opportunity to present any facts showing the reason why the denial was in error. The director or the appointed hearings officer may affirm, reverse, or modify the decision under appeal based upon findings of facts that justify the decision. The decision will be the final decision of the city. All findings of fact, conclusions of law, and decisions and orders of the director or the appointed hearings officer must be in written form, kept on file, and open to public inspection.
(Sec. 28-2.2, R.O. 1978 (1987 Supp. to 1983 Ed.)) (1990 Code, Ch. 13, Art. 2, § 13-2.2) (Added by Ord. 21-7)