All persons who apply for eligibility for TheHandi-Van ADA paratransit service will receive a determination letter from TheHandi-Van Eligibility Center stating the reason(s) for the determination.
Within sixty (60) calendar days of receipt of the determination letter or such additional time as may be permitted by the DTS Director or the Director’s designee, persons who are determined to be Not Eligible, Conditionally Eligible, or Temporarily Eligible for TheHandi-Van paratransit services have the right to appeal the decision. The appeal process shall begin by the person’s completion of the Notice of Appeal and filing the form with the DTS.
Within twenty (20) working days from the filing of the Notice of Appeal, the DTS shall schedule an Appeals Hearing at which time the appellant shall be entitled to be heard in person or through a representative and shall be given a full and fair opportunity to present any fact showing the reason(s) why the not eligible, conditionally eligible or temporarily eligible determination was in error. In accordance with the ADA, a decision will be issued within thirty (30) calendar days of the completion of the appeals hearing. If a decision is not made within thirty (30) calendar days of the appeal hearing, then DTS shall grant Presumptive Eligibility to the appellant until and unless a decision to uphold the determination under appeal is issued.
The purpose of the appeals process is to reconsider the facts from the original eligibility determination, and to give appellants the opportunity to explain why they believe the initial evaluation is in error.
The Appeals Hearing Panel (or Appeals Hearing Officer, as determined by the DTS Director or the Director’s designee) shall have the power to affirm, reverse, or modify the decision of TheHandi-Van Eligibility Center based upon findings that justify the decision. The determination by the Appeals Hearing Panel (or Appeals Hearing Officer) shall be final.
The Notice of Appeal and appeal hearing requirements shall conform to the applicable provisions of HRS, Chapter 91. Appeals Hearing determination letters shall be kept on file and open to public inspection.
Persons who wish to present information about a new disabling condition that was not provided at the time of the in-person eligibility assessment should contact TheHandi-Van Eligibility Center to request another in-person eligibility assessment. The Program Manager will determine whether the information is new and warrants another assessment.
Persons with questions regarding this policy may call the DTS Paratransit Service and Operations Branch at (808) 768-8300 (voice) or 7-1-1 (TTY) .
