VII

VII. Appeal Procedure

Any appeal by or on behalf of the party subject to an exclusion order shall be submitted in writing to the Transit Director within ten days after service by mail of the Transit Director’s determination. The communication shall state with specificity the grounds for the appeal. The determination of the Transit Director to exclude an individual shall be stayed pending the appeal to the Transit Director. The Transit Director shall review and may reconsider or modify the decision to exclude an individual, following investigation of the matter and shall specify in writing within fourteen business days of receipt of the appeal the reasons for rescission or modification, if applicable, to the appellant. The Transit Director will seek review of a draft written response by the City Attorney’s Office before issuing the response to an individual subject to an exclusion order.

Appeal

The aggrieved party may appeal the Transit Director determination within ten days after service by mail of the Transit Director determination, by written notice of appeal filed with the Transit Director and the, c/o Green Bay Metro, 901 University Avenue, Green Bay, WI 54302. The Transit Commission Chair will hear the appeal. This Commission shall hold a hearing within 30 days after the notice has been filed. Notice of the hearing including a statement of the time, place and nature of the hearing shall be mailed to the aggrieved party and the Transit Director at least ten (10) days prior to the hearing. Exclusion orders for Level I violations shall be stayed pending appeal to the Transit Commission. Exclusion orders for Level II and Level III violations shall not be stayed pending an appeal, unless the Transit Commission finds that a stay is warranted and necessary under the particular circumstances. A request for stay shall be made in writing by the aggrieved party stating the specific reasons for the request.

Hearing

At the hearing, the appellant may be represented by counsel, may present evidence, and may call and examine witnesses and cross-examine witnesses of the other party. The Chairman of the Transit Commission shall conduct the hearing and shall follow the Rules of Evidence provided in Wisconsin Statute Section 227.45, for administrative proceedings. The staff shall record all of the proceedings on tape.

Decision

Within 30 days of the completion of the hearing, the Transit Commission shall issue a written decision stating the reasons therefore. The Transit Commission shall make a finding on whether it is more probable than not that the excluded individual engaged in the conduct which was the basis for the exclusion. Based on testimony and the evidence in the record, the Transit Commission shall have the power to affirm or reverse the written determination or to remand it to the Transit Director with instructions for reconsideration consistent with its decision. The decision, except for remand, shall be a final determination for the purposes of judicial review.