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The Montachusett Regional Transit Authority Did Not Follow Required Procedures for Processing Americans With Disabilities Act Paratransit Complaints.

By not ensuring that it follows required procedures for its ADA paratransit complaint process, MART may not resolve significant issues regarding its transportation services in a timely manner or at all.

Table of Contents

Overview

MART did not follow required procedures for processing ADA paratransit complaints. Specifically, MART and its contracted paratransit provider did not consistently document information related to ADA paratransit complaints.

We examined the 34 ADA paratransit complaints received during the audit period and noted the following:

  • Three of the 34 complaints were missing documentation in the Microsoft Access database for ADA paratransit complaints regarding the date on which each investigation began.
  • Seven of the 34 complaints were not investigated within the required three business days.
  • Ten of the 34 follow-up responses to complaints occurred after the required five business days.
  • One of the 34 complaints had no documentation regarding MART’s follow-up.

By not ensuring that it follows required procedures for its ADA paratransit complaint process, MART may not resolve significant issues regarding its transportation services in a timely manner or at all. This could have a negative impact on the quality of services that MART provides its ADA-required paratransit riders.

Authoritative Guidance

Section 27.13 of Title 49 of the Code of Federal Regulations states,

(b)  Adoption of complaint procedures. . . .

(3)  The recipient [in this case, MART] must promptly communicate its response to the complaint allegations, including its reasons for the response, to the complainant by a means that will result in documentation of the response.

MART’s “Montachusett Regional Transit Authority Complaint Procedures” states, “All ADA complaints will be investigated by the operating company within 3 business days, with follow-up to the consumer by Front Office Staff within 5 business days.”

Reasons for Issue

During an interview with MART on November 30, 2022, MART management told us that they were not monitoring each ADA paratransit complaint investigation’s timeline.

Recommendations

  1. MART should ensure that all fields for the investigation of an ADA paratransit complaint are documented, including the follow-up.
  2. MART should monitor each ADA paratransit complaint and ensure that its contracted paratransit provider investigates complaints within three business days and follows up with complainants within five business days.

Auditee’s Response

MART will monitor customer complaints on a weekly basis to ensure all complaints are being investigated by MART and/or its operating companies within three (3) business days and all required follow up actions and responses to complainants are completed within five (5) business days.

The complaint database software is being upgraded to allow all complaints to be tracked from inception through investigation to final disposition in a single, consolidated system.

Auditor’s Reply

Based on its response, MART is taking measures to address our concerns on this matter.

Date published: August 30, 2023

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