49 C.F.R. § 37.137

Paratransit plan development

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(a) Survey of existing services. Each submitting entity shall survey the area to be covered by the plan to identify any person or entity (public or private) which provides a paratransit or other special transportation service for ADA paratransit eligible individuals in the service area to which the plan applies.

(b) Public participation. Each submitting entity shall ensure public participation in the development of its paratransit plan, including at least the following:

(1) Outreach. Each submitting entity shall solicit participation in the development of its plan by the widest range of persons anticipated to use its paratransit service. Each entity shall develop contacts, mailing lists and other appropriate means for notification of opportunities to participate in the development of the paratransit plan;

(2) Consultation with individuals with disabilities. Each entity shall contact individuals with disabilities and groups representing them in the community. Consultation shall begin at an early stage in the plan development and should involve persons with disabilities in all phases of plan development. All documents and other information concerning the planning procedure and the provision of service shall be available, upon request, to members of the public, except where disclosure would be an unwarranted invasion of personal privacy;

(3) Opportunity for public comment. The submitting entity shall make its plan available for review before the plan is finalized. In making the plan available for public review, the entity shall ensure that the plan is available upon request in accessible formats;

(4) Public hearing. The entity shall sponsor at a minimum one public hearing and shall provide adequate notice of the hearing, including advertisement in appropriate media, such as newspapers of general and special interest circulation and radio announcements; and

(5) Special requirements. If the entity intends to phase-in its paratransit service over a multi-year period, or request a waiver based on undue financial burden, the public hearing shall afford the opportunity for interested citizens to express their views concerning the phase-in, the request, and which service criteria may be delayed in implementation.

(c) Ongoing requirement. The entity shall create an ongoing mechanism for the participation of individuals with disabilities in the continued development and assessment of services to persons with disabilities. This includes, but is not limited to, the development of the initial plan, any request for an undue financial burden waiver, and each annual submission.

Notes of Decisions

Cited in 4 cases, 1998–2012 · leading case: Abrahams v. MTA Long Island Bus, 644 F.3d 110 (2d Cir. 2011).

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Abrahams v. MTA Long Island Bus, 644 F.3d 110 (2d Cir. 2011). · cites it 13× “See 49 C.F.R. § 37.137 (b). These procedures include outreach, consultation with individuals with disabilities, opportu *113 nity for public comment, and a public hearing.”

Dep't of Fair Emp. & Hous. v. Law Sch. Admission Council Inc., 896 F. Supp. 2d 849 (N.D. Cal. 2012). · cites it 2× “150 (d), and Abrahams addressed procedural requirements mandated by the Department of Transportation in 49 C.F.R. § 37.137 (c) that public entities permit ongoing public participation in developing and assessing paratransit services.”

Orria-Medina v. Metro. Bus Auth., 565 F. Supp. 2d 285 (D.P.R. 2007). · cites it 2× “These actions, plaintiffs assert, constitute a violation of the procedures set forth by 49 C.F.R. § 37.137 (c), the UAPA, the URRMA and the Bill of Rights for Persons with Disabilities, inasmuch the notices of the public hearings on the proposed rate increase were not specific…”

Neff v. Via Metro. Transit Auth., 179 F.R.D. 185 (W.D. Tex. 1998). “Public Participation VIA will continue to ensure public participation in the development of transit plans and the development and assessment of services to persons with disabilities according to 49 C.F.R. § 37.137 . VIA’s efforts may include: mailings to all eligible VIA-trans…”

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