N.Y. Comp. Codes R. & Regs. tit. 21, § 1035.3 – Paratransit eligibility: process.

(a) Eligibility for paratransit services shall be limited to individuals specified in section 1035.2 of this Part who are determined to be eligible by the authority's eligibility process, which may include any or all of the following elements:
1. (1) an application form to be completed by each applicant;
2. (2) an in-person assessment of the applicant by a certifier designated by the authority;
3. (3) a processing fee; and
4. (4) a recent photograph of the individual for use on an ADA-paratransit eligibility identification card.
(b) Information about paratransit services; the application, certification and appeal processes; and procedures for securing paratransit services shall be made available in accessible formats, upon request.
(c) If, within the time period specified below from the date of submission of a complete application, the authority has not made a determination of eligibility, the applicant shall be treated as paratransit-eligible and provided service until and unless the authority denies the application. The time periods for determining eligibility are:
1. (1) 1993 and 1994: 45 calendar days from date of receipt of application;
2. (2) 1995: 30 calendar days from date of receipt of application; and
3. (3) 1996 and thereafter: 21 calendar days from date of receipt of application.
(d) The authority's determination concerning eligibility shall be in writing. If the determination is that the individual is ineligible, the determination shall state the reasons for the finding.
(e) The authority shall provide each paratransit-eligible individual with an identification card displaying at least the following: the name of the eligible individual; the telephone number of the authority's paratransit coordinator; a recent photograph of the individual; an expiration date for eligibility; and any conditions or limitations on the individual's eligibility, including the use of a personal care attendant.
(f) Trip reservations may be made only by or on behalf of an individual with a current ADA-paratransit eligibility identification card.
(g) Redetermination of an individual's continued eligibility for paratransit services may be conducted every three years. The authority may charge a fee for such redetermination, and may prescribe the period in which the redetermination application must be submitted in order to prevent expiration of eligibility.
(h) Individuals who have been granted temporary eligibility for paratransit services as described in section 1035.2(c) of this Part will be responsible for reapplying if, at the time of the expiration date of such eligibility, they believe they are entitled to a new eligibility period.
(i) Any individual who is denied eligibility for paratransit services in whole or in part may appeal that determination in writing to the authority within 60 days of its date of issuance. The appeal may be made entirely through submission of written statements and documents, or through an in-person hearing. A request for a hearing shall be made at the same time the request is made to appeal the eligibility decision.
(j) An individual may be represented by an attorney or other representative at a hearing to appeal an eligibility decision.
(k) A determination of an appeal of an eligibility decision will be made by an individual or panel of individuals who were not involved in the initial determination of eligibility.
(l) Decisions of eligibility appeals will be made in writing, within the time periods specified in this subdivision, that shall run from the date of receipt of the written appeal, or from the date the hearing is concluded, as applicable. The authority is not required to provide paratransit service during the period that an appeal is pending. Where an appeal has not been decided within the specified period, an individual will be entitled to eligibility from the first day after the end of the specified period until the determination of the appeal has been made. The time periods for deciding an appeal are:
1. (1) 1993: 60 calendar days from date of receipt of written appeal or from the date the hearing is concluded;
2. (2) 1994: 45 calendar days from date of receipt of written appeal or from the date the hearing is concluded;
3. (3) 1995 and thereafter: 30 calendar days from date of receipt of written appeal or from the date the hearing is concluded.