N.J. Admin. Code § 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.
Notes
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