N.J. Admin. Code § 16:83-3.7

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

Section 16:83-3.7 - Appeal of suspension of ridership privileges

(a) A rider has the right to appeal any determination made pursuant to this chapter, in accordance with (b) below. A rider also has the right to request that any suspension be tolled while such an appeal is pending.

(b) A rider with suspended ridership privileges may appeal their suspension by filing a notice of appeal with NJ TRANSIT, One Penn Plaza East, Newark, NJ 07105, within 10 calendar days of NJ TRANSIT's notice of determination.

(c) Upon a rider's filing of an appeal, NJ TRANSIT shall appoint a Ridership Appeal Board (Board), which will review the suspension of ridership privileges, including, but not limited to, that the rider did not engage in the prohibited behavior pursuant to this chapter, as well as the basis and length of the suspension, before issuing a determination on the appeal. All appeals must be received by NJ TRANSIT within 10 calendar days from the date NJ TRANSIT's decision was rendered.

(d) It shall be the duty of the Ridership Appeal Board to act as a final appeals board in hearing and deciding ridership suspension cases. The Ridership Appeal Board shall consist of three members, and act by majority rule.

1. The chairperson of the Ridership Appeal Board shall preside at all meetings of the Ridership Appeal Board. The chairperson shall be the Chief of the NJ TRANSIT Police Department, or their designee.

2. The vice-chairperson shall perform the duties of the chairperson during any period of the latter's absence or incapacity. The vice-chairperson shall be appointed by the Chief Compliance Officer, upon the recommendation of the labor organization representing the impacted operational employee (s). If the applicable labor organization fails to recommend a vice-chairperson, the vice-chairperson shall be the Chief Compliance Officer, or their designee.

3. The executive secretary shall keep a record of proceedings of appeals heard by the Ridership Appeal Board and shall prepare minutes to record all actions of the Board during an appeal. The executive secretary shall be the senior vice president, general manager, and/or highest ranked equivalent, of the applicable operational unit where the alleged offense occurred, or their designee, however, such designee may not also have served as the hearing officer in the matter before the Ridership Appeal Board.

4. The chairperson of the Ridership Appeal Board, may issue subpoenas and shall sign all orders and other official documents issued in the name of the Ridership Appeal Board, and shall certify its decisions. The executive secretary shall be charged with the supervision of all administrative work of the Ridership Appeal Board.

(e) The Ridership Appeal Board shall respond to any request to toll the suspension of ridership privileges pending appeal within five business days of receipt of such request. The request to toll such a suspension shall be granted or denied at the discretion of the Ridership Appeal Board. The Ridership Appeal Board shall issue a final ruling with respect to an appeal within 30 days of receipt of a notice of appeal, though the time for a final ruling may be extended for good cause.

(f) If a rider successfully appeals a suspension pursuant to the procedures set forth in this chapter, the rider may continue to use the NJ TRANSIT system.

N.J. Admin. Code § 16:83-3.7

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