(a) Any defendant who has served a timely answer and who is determined in an initial decision to be liable for a civil penalty or assessment may appeal such decision to the authority head by filing a notice of appeal in accordance with this section and § 31.26. (b)(1) A notice of appeal may be filed at any time within 30 days after the ALJ issues an initial decision. However, if another party files a motion for reconsideration under § 31.38, consideration of the appeal shall be stayed automatically pending resolution of the motion for reconsideration. (2) If a motion for reconsideration is timely filed, a notice of appeal may be filed within 30 days after the ALJ denies the motion or issues a revised initial decision, whichever applies. (3) The authority head may extend the initial 30-day period for an additional 30 days if the defendant files with the authority head a request for an extension within the initial 30-day period and shows good cause. (c) If the defendant files a timely notice of appeal and the time for filing motions for reconsideration under 31.38 has expired, the Docket Clerk shall forward two copies of the notice of appeal to the authority head, and shall forward or make available the record of the proceeding to the authority head. (d) A notice of appeal shall be accompanied by a written brief specifying exceptions to the initial decision and reasons supporting the exceptions. (e) The representative for the Government may file a brief in opposition to exceptions within 30 days of receiving the notice of appeal and accompanying brief. (f) There is no right to appear personally before the authority head. (g) There is no right to appeal any interlocutory ruling by the ALJ. (h) In reviewing the initial decision, the authority head shall not consider any objection that was not raised before the ALJ unless a demonstration is made of extraordinary circum stances causing the failure to raise the objection. (i) If any party demonstrates to the satisfaction of the authority head that additional evidence not presented at such hearing is material and that there were reasonable grounds for the failure to present such evidence at such hearing, the authority head shall remand the matter to the ALJ for consideration of such additional evidence. (j) The authority head may affirm, reduce, reverse, compromise, remand, or settle any penalty or assessment determined by the ALJ in any initial decision. (k) The authority head shall promptly serve each party to the appeal with a copy of the decision of the authority head and with a statement describing the right of any person determined to be liable for a penalty or assessment to seek judicial review. (1) Unless a petition for review is filed as provided in 31 U.S.C. 3805 after a defendant has exhausted all administrative remedies under this part and within 60 days after the date on which the authority head serves the defendant with a copy of the authority head's decision, a determination that a defendant is liable under § 31.3 is final and is not subject to judicial review. § 31.40 Stays ordered by the Department of Justice. If at any time the Attorney General or an Assistant Attorney General designated by the Attorney General transmits to the authority head a written finding that continuation of the administrative process described in this part with respect to a claim or statement may adversely affect any pending or potential criminal or civil action related to such claim or statement, the authority head shall stay the process immediately. The authority head may order the process resumed only upon receipt of the written authorization of the Attorney General. § 31.41 Stay pending appeal. (a) An initial decision is stayed automatically pending disposition of a motion for reconsideration or of an appeal to the authority head. (b) No administrative stay is available following a final decision of the authority head. 8 31.42 Judicial review. Section 3805 of title 31, United States Code, authorizes judicial review by an appropriate United States District Court of a final decision of the authority head imposing penalties or assessments under this part and specifies the procedures for such review. § 31.43 Collection of civil penalties and as sessments. Sections 3806 and 3808(b) of title 31, United States Code, authorize actions for collection of civil penalties and assessments imposed under this part and specify the procedures for such actions. § 31.44 Right to administrative offset. The amount of any penalty or assessment which has become final, or for which a judgment has been entered under § 31.42 or § 31.43, or any amount agreed upon in a compromise or settlement under § 31.46, may be collected by administrative offset under 31 U.S.C. 3716, except that an administrative offset may not be made under this subsection against a refund of an overpayment of Federal taxes, then or later owing by the United States to the defendant. § 31.45 Deposit in Treasury of United States. All amounts collected pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). § 31.46 Compromise or settlement. (a) Parties may make offers of compromise or settlement at any time. (b) The reviewing official has the exclusive authority to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues an initial decision. (c) The authority head has exclusive authority to compromise or settle a case under this part at any time after the date on which the ALJ issues an initial decision, except during the pendency of any review under § 31.42 or during the pendency of any action to collect penalties and assessments under § 31.43. (d) The Attorney General has exclusive authority to compromise or settle a case under this part during the pendency of any review under § 31.42 or of any action to recover penalties and assessments under 31 U.S.C. 3806. (e) The investigating official may recommend settlement terms to the reviewing official, the authority head, or the Attorney General, as appropriate. The reviewing official may recommend settlement terms to the authority head, or the Attorney General, as appropriate. (f) Any compromise or settlement must be in writing. Sec. Subpart B-Applicability 37.21 Applicability: General. 37.23 Service under contract. 37.25 University transportation systems. 37.27 Transportation for elementary and secondary education systems. 37.29 Private entities providing taxi service. 37.31 Vanpools. 37.33 Airport transportation systems. 37.35 Supplemental service for other transportation modes. 37.37 Other applications. 37.39 [Reserved] Subpart C-Transportation Facilities 37.41 Construction of transportation facilities by public entities. 37.43 Alteration of transportation facilities by public entities. 37.45 Construction and alteration of transportation facilities by private entities. 37.47 Key stations in light and rapid rail systems. 37.49 Designation of responsible person(s) for intercity and commuter rail stations. 37.51 Key stations in commuter rail systems. 37.53 Exception for New York and Philadelphia. 37.55 Intercity rail station accessibility. 37.57 Required cooperation. 37.59 Differences in accessibility completion dates. 37.61 Public transportation programs and activities in existing facilities. 37.63-37.69 [Reserved] Subpart D-Acquisition of Accessible Vehicles by Public Entities 37.71 Purchase or lease of new non-rail vehicles by public entities operating fixed route systems. 37.73 Purchase or lease of used non-rail vehicles by public entities operating fixed route systems. 37.75 Remanufacture of non-rail vehicles and purchase or lease of remanufactured non-rail vehicles by public entities operating fixed route systems. 37.77 Purchase or lease of new non-rail vehicles by public entities operating demand responsive systems for the general public. 37.79 Purchase or lease of new rail vehicles by public entities operating rapid or light rail systems. 37.81 Purchase or lease of used rail vehicles by public entities operating rapid or light rail systems. Sec. 37.83 Remanufacture of rail vehicles and purchase or lease of remanufactured rail vehicles by public entities operating rapid or light rail systems. 37.85 Purchase or lease of new intercity and commuter rail cars. 37.87 Purchase or lease of used intercity and commuter rail cars. 37.89 Remanufacture of intercity and commuter rail cars and purchase or lease of remanufactured intercity and commuter rail cars. 37.91 Wheelchair locations and food service on intercity rail trains. 37.93 One car per train rule. 37.95 Ferries and other passenger vessels operated by public entities. [Reserved] 37.97-37.99 [Reserved] Sec. 37.157-37.159 [Reserved] Subpart G-Provision of Service 37.161 Maintenance of accessible features: General. 37.163 Keeping vehicle lifts in operative condition-public entities. 37.165 Lift and securement use. 37.167 Other service requirements. · 37.169 Interim requirements for over-theroad bus service operated by private entities. 37.171 Equivalency requirement for demand responsive service operated by private entities not primarily engaged in the business of transporting people. 37.173 Training requirements. APPENDIX A TO PART 37-Standards FOR ACCESSIBLE TRANSPORTATION FACILITIES APPENDIX B TO PART 37-UMTA REGIONAL OFFICES APPENDIX C to part 37-CERTIFICATIONS INTERPRETATIONS OF PROVISIONS OF 49 AUTHORITY: Americans with Disabilities Act of 1990 (42 U.S.C. 12101-12213); 49 U.S.C. 322. SOURCE: 56 FR 45621, Sept. 6, 1991, unless otherwise noted. Subpart A-General § 37.1 Purpose. The purpose of this part is to implement the transportation and related provisions of titles II and III of the Americans with Disabilities Act of 1990. § 37.3 Definitions. As used in this part: Accessible means, with respect to vehicles and facilities, complying with the accessibility requirements of parts 37 and 38 of this title. The Act or ADA means the Americans with Disabilities Act of 1990 (Pub. L. 101-336, 104 Stat. 327, 42 U.S.C. 12101-12213 and 47 U.S.C. 225 and 611), as it may be amended from time to time. Administrator means Administrator of the Urban Mass Transportation Administration, or his or her designee. Alteration means a change to an existing facility, including, but not limited to, remodeling, renovation, rehabilitation, reconstruction, historic restoration, changes or rearrangement in structural parts or elements, and changes or rearrangement in the plan configuration of walls and full-height partitions. Normal maintenance, reroofing, painting or wallpapering, asbestos removal, or changes to mechanical or electrical systems are not alterations unless they affect the usability of the building or facility. Automated guideway transit system or AGT means a fixed-guideway transit system which operates with automated (driverless) individual vehicles or multi-car trains. Service may be on a fixed schedule or in response to a passenger-activated call button. Auxiliary aids and services includes: (1) Qualified interpreters, notetakers, transcription services, written materials, telephone headset amplifiers, assistive listening devices, assistive listening systems, telephones compatible with hearing aids, closed caption decoders, closed and open captioning, text telephones (also known as telephone devices for the deaf, or TDDs), videotext displays, or other effective methods of making aurally delivered materials available to individuals with hearing impairments; (2) Qualified readers, taped texts, audio recordings, Brailled materials, large print materials, or other effective methods of making visually delivered materials available to individuals with visual impairments; (3) Acquisition or modification of equipment or devices; or (4) Other similar services or actions. Bus means any of several types of self-propelled vehicles, generally rubber-tired, intended for use on city streets, highways, and busways, including but not limited to minibuses, forty- and thirty-foot buses, articulated buses, double-deck buses, and electrically powered trolley buses, used by public entities to provide designated public transportation service and by private entities to provide transportation service including, but not limited to, specified public transportation services. Self-propelled, rubber-tired vehicles designed to look like antique or vintage trolleys are considered buses. Commerce means travel, trade, transportation, or communication among the several states, between any foreign country or any territory or possession and any state, or between points in the same state but through another state or foreign country. Commuter authority means any state, local, regional authority, corporation, or other entity established for purposes of providing commuter rail transportation (including, but not necessarily limited to, the New York Metropolitan Transportation Authority, the Connecticut Department of Transportation, the Maryland Department of Transportation, the Southeastern Pennsylvania Transportation Authority, the New Jersey Transit Corporation, the Massachusetts Bay Transportation Authority, the Port Authority Trans-Hudson Corporation, and any successor agencies) and any entity created by one or more such agencies for the purposes of operating, or contracting for the operation of, commuter rail transportation. Commuter bus service means fixed route bus service, characterized by service predominantly in one direction during peak periods, limited stops, use of multi-ride tickets, and routes of extended length, usually between the central business district and outlying suburbs. Commuter bus service may also include other service, characterized by a limited route structure, limited stops, and a coordinated relationship to another mode of transportation. Commuter rail car means a rail passenger car obtained by a commuter authority for use in commuter rail transportation. Commuter rail transportation means short-haul rail passenger service operating in metropolitan and suburban areas, whether within or across the geographical boundaries of a state, usually characterized by reduced fare, multiple ride, and commutation tickets and by morning and evening peak period operations. This term does not include light or rapid rail transportation. Demand responsive system means any system of transporting individuals, including the provision of designated public transportation service by public entities and the provision of transportation service by private entities, including but not limited to speci fied public transportation service, which is not a fixed route system. Designated public transportation means transportation provided by a public entity (other than public school transportation) by bus, rail, or other conveyance (other than transportation by aircraft or intercity or commuter rail transportation) that provides the general public with general or special service, including charter service, on a regular and containing basis. Disability means, with respect to an individual, a physical or mental impairment that substantially limits one or more of the major life activities of such individual; a record of such an impairment; or being regarded as having such an impairment. (1) The phrase physical or mental impairment means— (i) Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: neurological, musculoskeletal, special sense organs, respiratory including speech organs, cardiovascular, reproductive, digestive, genito-urinary, hemic and lymphatic, skin, and endocrine; (ii) Any mental or psychological disorder, such as mental retardation, organic brain syndrome, emotional or mental illness, and specific learning disabilities; (iii) The term physical or mental impairment includes, but is not limited to, such contagious or noncontagious diseases and conditions as orthopedic, visual, speech, and hearing impairments; cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, emotional illness, specific learning disabilities, HIV disease, tuberculosis, drug addiction and alcoholism; (iv) The phrase physical or mental impairment does not include homosexuality or bisexuality. (2) The phrase major life activities means functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and work. (3) The phrase has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that |