This Section pertains only to contractors with contracts presently in effect and may be modified in future contracts. Contractors must review and strictly adhere to these provisions; otherwise, the finding of violation and liquidated damages assessment will be sustained.
Findings of violations are issued through the Office of Pupil Transportation and will be published to the contractor via the web-based application. At that time, the Contractor may oppose the finding of violation by mail in writing or by scheduling an in-person hearing before a Hearing Officer. The Contractor may appeal the Hearing Officer’s decision to the Director by filing a written Notice of Appeal form.
Failure either to request and schedule a hearing within two weeks of notification of a violation or to appear at the scheduled time if contested in person, or when contested by mail to be available by teleconference on the hearing date and time, will result in the violation(s) being sustained. The first scheduled hearing date may be adjourned for good cause at the discretion of the Hearing Officer and/or Director (or designee).
Contesting Violations
Contest by Mail
- The Contractor schedules a violation hearing within two weeks of the day that the violation is entered into the OPT system.
- The Contractor is given the opportunity to submit documentation via mail no later than one week prior to the scheduled hearing. The Contractor’s Dispute Package must include an envelope labeled with the hearing date and time, the Contractor’s phone number, a list of violations contained within, and any applicable supporting documentation being used as evidence (e.g trip card…) to dispute each violation.
- Documentation submitted by the Contractor is reviewed by the Hearing Officer. The Contractor should be available via teleconference on the scheduled hearing day and time, for the Hearing Officer to ask questions. The Hearing Officer will review the matter and render a decision.
- The Contractor is notified via the OPT Website of the Hearing Officer’s decision.
Contest in Person
The Contractor schedules a violation hearing within two weeks of the day that the violation is entered into the OPT system. The review of violations is handled as follows:
- The Hearing Officer will review violations.
- The Hearing Officer will review the matter and render a decision. If the Hearing Officer dismisses a violation, no liquidated damages will be assessed.
- If the Hearing Officer sustains a violation, and such violation is subject to liquidated damages, the Contractor is assessed the amount of liquidated damages.
- If no Appeal Request is received from the Contractor within thirty days after the posting of the Hearing Officer’s decision on the OPT Website, the assessed liquidated damages will be deducted from the next regular monthly payment.
Appeal Procedure
The Contractor shall have the right to appeal the Hearing Officer’s decision to sustain a violation by submitting electronically a complete and accurate Notice of Appeal form to the Director or his/her designee(s) within thirty days following the Hearing Officer’s decision. Such notice shall include a summary of issues and the evidence submitted to the Hearing Officer. The only new evidence or testimony that may be submitted on an Appeal shall be new evidence that did not exist at the time of the hearing date.
The Director or his/her designee(s) shall provide the Contractor with a written determination of the appeal within ninety days of receipt of the Notice of Appeal form.