TxDOT Works with TTA to Change Grant Sanction Rules
On May 27, 2010, TxDOT passed new grant compliance and sanction rules.
TTA had an issue with the appeals process. Originally, the appeals process outlined in the rules would have made the Executive Director of TxDOT the first and final appeal for any transit agency that felt it was wrongly sanctioned. Many TTA members expressed concerns about having little or no redress should they be faced with an unwarranted sanction. TTA submitted a letter to TxDOT to amend the rules to include more due process. You can check out our formal request below. TxDOT accepted some of our suggestions, including notification language while adding another layer to the appeals process. Here are the final rules.We thank TxDOT for working closely with TTA to design workable sanction and compliance rules.
TTA’s Formal Request to Change Grant Sanction Rules
Dear Mr. Killebrew,
Hope today fines you well. It should be a beautiful day.
After polling our TTA members, I would like to respectfully suggest a modest rule change. We will formally comment when the comment period begins. On March 12th, 2010.
The fundamental issue is the appeals process. While our members feel comfortable with the current administration we are trying to look years down the road to avoid potential problems.
Here’s a draft concept idea on the proposed rule change regarding sanctions and compliance.
Currently, the rule reads that any sanctioned agency has only one option for appeal — to the executive director. In our minds, the appeal process does not provide enough separation, leaving it wide open for potential abuse.
Here are our thoughts…
TxDOT sanctions a transit agency for noncompliance.
The transit agency’s first round of appeals is to the Public Transportation Advisory Committee (PTAC). The request must be made in writing through a letter mailed, emailed or faxed in a specified amount of time.
TxDOT can either wait for a regularly scheduled meeting or request a special called meeting.
PTAC may find in favor of either TxDOT or the transit agency. If PTAC finds in favor of TxDOT it may recommend a specified time for compliance. Or it may merely find in the favor of TxDOT or the transit agency. PTAC may conduct its meeting via conference call and all rules of quorum and procedure apply.
Either TxDOT or the transit agency may appeal to the executive director, which will constitute the final appeal. The request for appeal to the executive director must be made in writing through a letter mailed, emailed or faxed in a specified amount of time.
We think that by include PTAC involvement in the appeals provides enough review, with industry expertise, can ensure that issues are addressed thoroughly.
Respectfully,
Jeff Heckler
Texas Transit Association
TxDOT Commissioner Fred Underwood presented the prestigious Friend of Public Transit Award to Gary Thomas of DART. Great going to Gary, and congratulations to all of our award winners!
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The VIA Board of Trustees has announced that Keith T. Parker will be the new President/CEO for the San Antonio transit agency.