N.J. Admin. Code § 16:83-3.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 16:83-3.5 - Process for suspension of ridership privileges

(a) Notice of a suspension shall be, in writing, state the reason for the suspension and the time period of the suspension, and contain a hearing date and location for a ridership suspension hearing, which may be telephonic and/or electronic through a video hosting platform, such as Zoom, Skype, and/or Teams, at which time the rider may appear to oppose the suspension.

(b) The notice of suspension shall be by email with the consent of the rider, and a valid email address provided by the rider, or by personal service, hand delivery, or through regular and/or certified mail. A rider who refuses to provide information sufficient to allow for service of the notice of suspension, or who provides false information to NJ TRANSIT, preventing NJ TRANSIT from serving a notice of suspension, shall be deemed to have waived service.

(c) NJ TRANSIT shall bear the burden of proving, by a preponderance of the evidence, both the prohibited behavior alleged and that the sanction it has imposed is consistent with the applicable law. Conformance to legal rules of evidence is not necessary, and NJ TRANSIT shall consider the relevancy and materiality of the evidence offered. In the event the rider does not appear for the hearing, after verifying that NJ TRANSIT sent proper notice pursuant to this section, and/or that proper notice to the rider was not possible due to the rider's failure or refusal to provide information sufficient to allow for service of the notice of suspension, or due to the rider's provision of false information to NJ TRANSIT, NJ TRANSIT will proceed with the hearing based upon the relevant evidence in its possession.

(d) The ridership suspension hearing shall be presided over by a hearing officer.

1. The hearing officer for a ridership suspension hearing shall consist of an NJ TRANSIT nonagreement employee designated by the senior vice president, general manager, and/or highest ranked equivalent, of the applicable operational unit where the alleged offense occurred.

2. It shall be the duty of the ridership suspension hearing officer to preside over the matter, allowing all parties an opportunity to present relevant evidence, including development of a record as to the facts and circumstances of the issues before the hearing officer.

(e) NJ TRANSIT shall determine whether to suspend the ridership privileges of the rider, and the duration of the suspension, within 10 calendar days of the hearing. NJ TRANSIT's notice of determination shall be provided to the rider by email with the consent of the rider, and a valid email address provided by the rider, or by personal service, or through regular and certified mail to the rider. NJ TRANSIT shall also provide the rider with information regarding the process for filing an appeal of suspension of ridership privileges.

(f) For assaults involving exceptional circumstances and assault with a deadly weapon, as defined at N.J.A.C. 16:83-3.4, NJ TRANSIT may suspend the ridership privileges of the rider prior to the outcome of any hearing held pursuant to this section. Any pre-hearing suspension shall be credited as time served for any suspension levied after a hearing.

(g) NJ TRANSIT shall issue further internal procedures governing the conduct of ridership suspension hearings, as necessary, consistent with this chapter.

N.J. Admin. Code § 16:83-3.5

Adopted by 55 N.J.R. 1960(a), effective 9/5/2023