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Santa Monica Department of Transportation Prohibition Order Administrative Regulations

1. PURPOSE

The City of Santa Monica's Department of Transportation (SMDOT) is committed to providing safe, dependable transportation services for its customers and a safe work environment for its employees. To better protect its employees and customers, California Assembly Bill 1417 (Allen) was signed into law in 2024 which allows SMDOT to issue exclusion or "prohibition" orders to people who are cited or arrested for certain offenses. By excluding passengers cited or arrested for certain offenses, as outlined in the bill, SMDOT seeks to reduce the number of passenger disruptions and improve overall service. These regulations do not target or adversely impact any group of individuals. 

2. OBJECTIVES

The purpose of these regulations is to enhance safety and system security. These regulations allow SMDOT to prohibit passengers from using transit for limited periods of time, depending on the nature and frequency of offenses committed while on transit district property and for which they have been cited or arrested. 

An oversight committee comprised of people with experience in the areas of mental health, public safety and advocacy will monitor the number of prohibition orders issued by SMDOT and oversee the training of transit personnel issuing the orders. 

The prohibition order process also requires that an appeal process be established for those who have been issued citations. Prohibition orders shall not be issued to people who are only cited for fare evasion or to non-violent protesters. 

3. SCOPE OF ADMINISTRATIVE REGULATIONS

The following Administrative Regulations shall govern the issuance and processing of prohibition orders by SMDOT, in accordance with Public Utilities Code (PUC) §99171 and §99172.

Nothing in these Regulations or the existence of these Regulations shall prevent SMDOT from taking any lawful steps to protect its employees, passengers and the Big Blue Bus (BBB) Transit System. Specifically, nothing in these Regulations affects the right of SMDOT or law enforcement to request the immediate departure of any person posing a safety threat to customers, SMDOT personnel or any other persons, or is in violation of any provision of criminal law or SMDOT's administrative regulations or procedures. Further, nothing in these Regulations affects the right of law enforcement to accomplish the forceful removal of any person posing an imminent threat, so long as the law authorizes such action.

4. DEFINITIONS

As used in these Regulations, the following terms shall mean: 

  • Business Day:  The term "business day" shall mean Monday through Friday, except for City of Santa Monica holidays: New Year's Day, Martin Luther King Jr.'s birthday, President's Day, Cesar Chavez Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day and Christmas Day. When the last business day of any period set forth in these Regulations falls on a City holiday, an additional day shall be added to any time provisions set forth in these Regulations by virtue of the holiday, excluding all weekend days.
  • Calendar Day:  The term "calendar day" shall include all weekdays. However, when a calendar day falls on a City holiday (see 4.1), an additional day shall be added to any time provisions set forth in these Regulations by virtue of the holiday.
  • Prohibition Order: An order requiring the excluded party to stay away from all or part of SMDOT's facilities and vehicles for a period of time specified in accordance with Public Utilities Code ("PUC") §99171.
  • Prohibition Administrator: The term "Prohibition Administrator" shall include the SMDOT employee appointed by the Director of Transportation to conduct an initial review of a Prohibition Order issued pursuant to these Regulations.
  • Prohibition Officer: The term "Prohibition Officer" includes all SMDOT employees or agents authorized to issue Prohibition Orders under these Regulations.
  • Transit Dependent: The term "Transit Dependent" means a person who has no independent source of transportation and relies solely on public transit for trips of necessity, including but not limited to, travel to and from medical or legal appointments, school or training classes, places of employment, or obtaining food, clothing and necessary household items.
  • BBB Transit System: The term "BBB Transit System" shall include the property, vehicles, equipment and improvements of whatever nature, owned, leased, maintained, controlled or operated by SMDOT to provide transportation for passengers or to provide for the movement of people, and includes any BBB vehicles, bus stops, or facilities. 
  • Hearing Officer:  The term "Hearing Officer" shall include those persons appointed by the Director of Transportation to conduct an Administrative Hearing following an initial review of a prohibition order issued pursuant to the Regulations. A Hearing Officer may be an SMDOT employee or agent; however, the Hearing Officer's continued service, performance, evaluation, compensation, and benefits, as applicable, shall not be directly linked to their findings related to the number of prohibition orders upheld by the Hearing Officer. 

5. ISSUANCE OF PROHIBITION ORDER

5.1 Authority for Prohibition Order

SMDOT may exclude an individual from any or all parts of the BBB Transit System, as permitted by Public Utilities Code ("PUC") §99171 or other applicable law. In accordance with this authority, a person subject to a prohibition order may not, during the period of prohibition, enter or remain upon any part of the BBB Transit System from which the person is excluded, except as permitted by the terms of the prohibition order or by applicable law.

A Notice of Prohibition Order may be issued by any authorized person that has received training from SMDOT, as required by PUC §99171; including, but not limited to, Motor Coach Operator Supervisors, law enforcement officers, and contracted security officers (collectively "Prohibition Officers").

5.2 Designation of Violations Eligible for Prohibition Order

The violations eligible for a prohibition order and the corresponding length of prohibition are established by PUC §99171. A Prohibition Order may be issued to any person who:

a.) On at least three (3) separate occasions within a period of ninety (90) consecutive days, is cited for an infraction committed in or on the BBB Transit System for any act that constitutes a violation of any of the following:

  1. Public Utilities Code §99170(a)(2) - Interfering with the operator or operation of a transit vehicle, or impeding the safe boarding or alighting of passengers.
  2. Public Utilities Code §99170(a)(5) - Committing any act or engaging in any behavior that may, with reasonable foreseeability, cause harm or injury to any person or property. 
  3. Penal Code §640(d)(1) - Willfully disturbing others on or in a system facility or vehicle by engaging in boisterous or unruly behavior. 
  4. Penal Code §640(d)(2) - Carrying an explosive or acid, flammable liquid, or toxic or hazardous material in a public transit facility or vehicle.
  5. Penal Code §640(d)(3) - Urinating or defecating in a system facility or vehicle, except in a lavatory. (This section does not apply to a person who cannot comply with this section as the result of a disability, age or medical condition). 
  6. Penal Code §640(d)(4) - Willfully blocking the free movement of another person in a system facility or vehicle.
  7. Penal Code §640.5(a)(1) - Defacing with graffiti or other inscribed material the interior or exterior of the facilities or vehicles of a public transportation system.
b.) Or: The person is placed under arrest or convicted for a misdemeanor or felony committed in a vehicle, bus stop, facility of the transit district for acts involving violence, threats of violence upon passengers and transit employees, lewd or lascivious behavior, or possession for sale of a controlled substance.
c.) Or: The person is convicted of a violation of one of the following offenses:
  1. Health and Safety Code §11532(a) - Loitering in a public place in manner and under circumstances manifesting an intent to engage in drug-related activity.
  2. Penal Code §653.22 (a) - Loitering in a public place with the intent to commit prostitution.

5.3 Length and Scope of Prohibitions

The length of any prohibition order shall be no greater than those permitted under PUC §99171(a)(2).

a.) If issued pursuant to section 5.2 (a) above, the period of prohibition shall be: 
  1. For a period not to exceed 30 days for the first prohibition order;
  2. For a period not to exceed 90 days for the second prohibition order issued within a rolling one-year period from the date of the first prohibition order; and
  3. For a period not to exceed 180 days for a third or subsequent prohibition order issued within a rolling one-year period from the date of the first prohibition order.
b.) If issued pursuant to section 5.2 (b) or (c) above, the period of prohibition shall be:
  1. For a period not to exceed thirty (30) days if issued pursuant to an arrest.
  2. Upon conviction of a misdemeanor, the duration of the prohibition order for the conviction, when added to the duration of the prohibition order, shall not exceed 180 days.
  3. Upon conviction of a felony, the duration of the prohibition order for the conviction, when added to the duration of the prohibition order for the initial, shall not exceed one year.

A Notice of Prohibition Order shall identify the violation supporting the prohibition and must state the length of prohibition. No person is permitted to vary the length of prohibition, except:

a.) In accordance with the findings of the Prohibition Administrator or the Hearing Officer, who may vary the length or scope of the prohibition in accordance with their authority.
 
b.) In response to changed conditions, the Prohibition Administrator or the Hearing Officer may modify a prohibition order. 
 
c.) In response to a finding by the Prohibition Administrator or the Hearing Officer, that the prohibition order is not warranted or does not comport with SMDOT regulations, the Prohibition Administrator or the Hearing Officer may invalidate or modify a prohibition order, based upon a review of all the facts and circumstances, as provided in these Regulations.

5.4 Enforcement Requirements

5.4.1 Sufficiency of Facts and Cause for Citation or Prohibition

All citations and prohibitions issued for prohibited conduct must be based upon probable cause. In determining whether there is enough evidence to justify a prohibition order or citation, peace officers and prohibition officers may rely upon facts resulting from their own personal observations or reliable facts provided by witnesses or others.

5.4.2 Notice of Prohibition Order

Every person alleged to have engaged in conduct prohibited by PUC §99171(a)(1)(A)-(C) and sought to be excluded for such a violation(s), shall be issued a Notice of Prohibition Order. 

The prohibition officer alleging the violation shall complete the Notice of Prohibition Order in its entirety and must provide a copy of the notice to the individual sought to be excluded.

In order to be deemed valid, the Notice of Prohibition Order must accurately denote the violating conduct and reference the applicable provision or statute that was violated, in accordance with PUC §99171(a).

The Notice of Prohibition Order may be issued to the person sought to be excluded contemporaneously with the course of conduct supporting the prohibition or at some time period after the violating conduct has occurred. When the Notice of Prohibition Order is issued to the person sought to be excluded at some time period after the violating conduct has occurred, the Notice of Prohibition Order must be personally served upon the person sought to be excluded as set forth in PUC §99171(b)(2)(A)-(C). Service may be accomplished by in-person delivery, registered mail, overnight delivery, or any other means agreed to by SMDOT and the person being served. 

At no time may a Notice of Prohibition Order be served to a person sought to be excluded more than six (6) months after the violating conduct has occurred, unless agreed to in writing by the person being served.

Service of the Notice of Prohibition Order shall be deemed to be complete on one of the following dates: 

  • On the date of delivery, if delivered in person. 
  • On the date of confirmed delivery, for any delivery by mail.
  • For any alternative method of service, as provided in writing specifying the alternative method.
Proof of service shall be filed with the SMDOT Prohibition Administrator. 

5.5 Multiple Penalties

A prohibition will not be issued for the same act or omission committed by a single person during a single interaction. However, multiple citations, or a citation and a prohibition order, may be issued to a single person who, during a single interaction, engages in multiple acts or omissions that constitute violations of those provisions delineated in PUC §99171(a)(1)(A)(C). The issuance of a citation or Notice of Prohibition Order to a person shall not prevent the arrest, prosecution or conviction of that person for violation of criminal laws for the same or different act or omission.

5.6 Stay of Prohibition Order

In accordance with PUC 99171(b)(6), all prohibition orders will be subject to an automatic stay of ten (10) calendar days following the date of service. Thus, prohibition orders will not take effect until the eleventh (11th) calendar day following the date of issuance, or if review has been requested, the date on which the Prohibition Administrator or Hearing Officer's final order takes effect in accordance with the review process set forth in these Regulations, but no fewer than eleven (11) calendar days after service of the final order.

5.7 Violation of Prohibition Order

Any person in violation of an active prohibition order shall be placed under arrest per Penal Code 369i(b): "Any person who enters or remains upon any transit-related property without permission or whose entry, presence or conduct upon the property interferes with, interrupts, or hinders the safe and efficient operation of the transitrelated facility is guilty of a misdemeanor."

The person violating the active prohibition order may also be placed under arrest within the jurisdiction of Santa Monica Police for violation of Santa Monica Municipal Code §3.36.300, Department of Transportation prohibition orders, and under section §1.08.010 (a) which states: "Criminal Sanctions. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements of this Code. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Code, shall be guilty of a misdemeanor, unless otherwise provided."

6. REVIEW AND APPEAL PROCEDURES 

6.1 Initial Review of Notices of Prohibition Order

Every prohibition order issued by a Prohibition Officer shall be subject to the review of the SMDOT Prohibition Administrator. An initial review may be requested by the person issued a Notice of Prohibition Order within ten (10) days after personal service to an SMDOT Prohibition Administrator. There shall be no charge for the review. The request may be made in writing to: 1660 7th Street, Santa Monica, CA 90401, or by telephone at (310) 458-1975, or in person at Blue: The Transit Store at 1444 4th Street, Santa Monica,

CA, 90401. If an initial review is requested, the Notice of Prohibition Order shall be reviewed by a SMDOT Prohibition Administrator. The Prohibition Administrator shall determine:

a.) Whether the prohibition order meets the requirements of subdivision (a) of PUC §99171; and 

 b.) Unless the person has been convicted of the offense or offenses, whether the offense or offenses for which the person was cited or arrested are proven by a preponderance of the evidence. 

 c.) Whether the prohibition has been issued to a person not eligible for a complete prohibition under the circumstances outlined in Section 6.9 Circumstances Affecting Applicability of Prohibition.

If the Prohibition Administrator determines, based on the initial review, that the prohibition order is not adequately supported or that extenuating circumstances make dismissal of the prohibition order appropriate in the interests of justice, the Prohibition Administrator shall cancel the notice. The Prohibition Administrator shall cancel a prohibition order if they determine that the person did not understand the nature and extent of their actions or did not have the ability to control their actions. The cancellation of a prohibition order shall be effective immediately and the excluded person may continue to use the BBB Transit System subject to all rules and regulations regarding its use.

If the Prohibition Administrator determines that the person is dependent upon the BBB Transit System for trips of necessity, including, but not limited to, travel to or from medical or legal appointments, school or training classes, places of employment, or obtaining food, clothing, and necessary household items, the Prohibition Administrator shall modify the prohibition order to reasonably allow for those trips under the conditions established by the Prohibition Administrator. Any person entitled to such a modification of the prohibition order shall remain subject to all applicable laws, rules and regulations regarding the use of the BBB Transit System, including but not limited to, providing proof of fare payment.

If the Prohibition Administrator determines that the prohibition order is valid, either in whole or in part, the Prohibition Administrator shall issue a written statement to that effect and may include any modification to the period or scope of the prohibition order.

The burden of proof to establish the conditions for cancellation or modification, as provided above, is on the party seeking the cancellation or modification. The party seeking to establish the qualifying circumstances must do so by a preponderance of the evidence.

The Prohibition Administrator shall serve the results of the initial review to the person contesting the notice by personal service. This decision shall become final after the expiration of ten (10) days after service, unless the person is dissatisfied with the results of the initial review and requests an administrative hearing within the ten (10) days. If an administrative hearing is requested, the excluded individual shall be entitled to further review in the form of a hearing as provided below.                                                                                                               

6.2 Right to an Appeal Hearing following the Initial Review

Every person issued a Notice of Prohibition Order is entitled to a hearing as a matter of right. The purpose of the hearing is:  (a) to review and determine whether the evidentiary basis for issuance of the prohibition order meets the requirements of PUC 99171; (b) unless the person has been convicted of the offense or offenses, to determine whether the offense or offenses for which the person was cited or arrested are proven by the preponderance of evidence; (c) to determine whether the length and scope of the prohibition is commensurate with the nature of the violation; (d) to consider any mitigating and aggravating factors relevant to the scope and length of the prohibition; and (e) and issue a final decision to sustain, modify, or set aside a Notice of Prohibition Order. All persons receiving a prohibition order shall receive notice of their right to a hearing on the Notice of Prohibition Order.

6.3 Initiation of Hearing Proceedings

An individual who has received a Notice of Prohibition Order following an initial review, must contact SMDOT by 5:00 p.m. no later than the tenth (10th) calendar day following service of the Prohibition Administrator's decision in order to request a hearing. The Prohibition Administrator may be reached as follows:

        In writing: 1660 7th Street, Santa Monica, CA 90401

        In person: Blue: The Transit Store, 1444 4th Street, Santa Monica, CA 90401

        By email: Liseth.Guizar@SantaMonica.gov

        By phone: (310) 458-1975

The request may be made by phone or in writing, or in person, but must be received by the Prohibition Administrator by the tenth (10th) calendar day following the date of personal service of the Prohibition Administrator's decision.  An individual requesting a hearing need not demonstrate cause for the hearing, and the Prohibition Administrator shall immediately forward a copy of the Notice of Prohibition Order and any supporting documentation to the designated Hearing Officer.

The Hearing Officer, or their designee, will contact the individual by phone or mail to schedule a hearing within three (3) business days of receipt of the notice. The Hearing Officer shall provide notice to the Prohibition Officer who issued the Notice of Prohibition Order of the date and time of the hearing in accordance with the Hearing Officer's procedures for issuing such notice. 

The person requesting the hearing shall have the choice of a hearing by mail or in person.  An in-person hearing shall be conducted at a location selected by the Hearing Officer within the boundaries of the BBB Transit System. 

6.4 Scheduling of Hearings

Hearing Date: Each hearing shall be scheduled directly with the Hearing Officer or their designee within thirty (30) calendar days of the request. To the extent possible, the Hearing Officer shall make every attempt to schedule each hearing at a time that is convenient for appearance by the excluded individual, SMDOT, and any witnesses, including prohibition officers. All hearings shall be scheduled on a weekday, Monday through Friday, during normal business hours.  

Continuance: The Hearing Officer may grant one continuance, on its own motion or the motion of one of the Parties, of no more than seven (7) calendar days. The Hearing Officer has the sole discretion to grant or deny a continuance. Further, the Hearing Officer has the discretion to impose a stay, pending the later hearing date.

6.5 Treatment of Evidence

In conducting a hearing and reaching a decision, the Hearing Officer may rely upon any evidence that a reasonable person would rely upon in making an important decision or conducting personal business.  Hearsay is admissible, except where its admission would offend due process.  The Hearing Officer shall have the authority to compel testimony or evidence deemed necessary, in the Hearing Officer's sole discretion, to a fair decision. The Hearing Officer may receive testimony concerning the interpretation of the Administrative Regulations from any SMDOT representative.

The Notice of Prohibition Order shall be prima facie evidence of the violation or violations pursuant to PUC 99171(a) establishing a rebuttable presumption affecting the burden of producing evidence.  The person who issued the notice of prohibition order shall not be required to participate in an administrative hearing, unless their participation has been requested by the person requesting the hearing no less than five (5) calendar days prior to the hearing. Requests for such participation shall be made to the Hearing Officer by telephone, in writing or in person through the Prohibition Administrator.

6.6 Statement of Rights by Hearing Officer

The Hearing Officer shall advise all parties of the following rights through written correspondence or personally when parties appear for the hearing: 

  • Hearings shall be informal and shall be conducted so as to facilitate the parties' ability to present their respective positions to the Hearing Officer. SMDOT shall present its reasons for the prohibition first, and then the person contesting the prohibition shall present their reasons in support of rescission or modification of the prohibition.
  • The Hearing Officer may question the parties and witnesses, and shall review all evidence submitted by the parties.
  • The hearing shall be electronically recorded.
  • An aggrieved party has the right to seek Administrative Mandamus from any County Superior Court within the boundaries of the BBB Transit System in accordance with Section 1094.6 of the Code of Civil Procedure.
  • A party has the right to representation by an attorney at their sole cost.
  • SMDOT has the burden of proof, based upon a presentation of substantial evidence, to establish that it is more probable than not that the conduct justifying the prohibition occurred and that no factors are present to nevertheless warrant setting aside the prohibition.

6.7 Length and Scope of Prohibitions

The length and scope of prohibition order shall be determined in light of all the facts and circumstances giving rise to the prohibition. After consideration of the evidence presented, the Hearing Officer may sustain the prohibition, modify the prohibition or set aside the prohibition. 

The Hearing Officer shall make a finding on whether it is more probable than not that the excluded individual engaged in the conduct supporting the prohibition. In addition, the Hearing Officer shall consider any mitigating or aggravating factors in determining the appropriate scope and length of the prohibition, that the Hearing Officer determines relevant, in their sole discretion.

If the Hearing Officer determines that the prohibition will be sustained but the scope or length of the prohibition is not commensurate with the seriousness of the violation, the Hearing Officer may modify the prohibition. An order modifying the prohibition should discuss the Hearing Officer's basis for the modification of the prohibition, including a discussion of findings related to the factors listed above.

6.8 Final Order by the Hearing Officer

Within five (5) business days following the conclusion of a hearing, the Hearing Officer shall issue a final Order setting forth all findings and a decision on the prohibition, unless the issuance of a final order within five (5) business days is not practicable. If a final order cannot be issued within five (5) business days of the hearing, the Hearing Officer shall extend the stay on the prohibition until the final order is effective. The Hearing Officer's decision following the administrative hearing shall be delivered by personal service.

The Final Order shall set forth the findings of the Hearing Officer and the basis for such findings. If the Final Order sustains or modifies the Notice of Prohibition Order, the Final Order shall clearly set forth the period of prohibition, including the exact starting and ending date. The Final Order shall notify the person excluded of the right to seek judicial review with any Superior court within the boundaries of the BBB Transit System within 90 days of delivery by personal service, in accordance with Section 1094.6 of the Code of Civil Procedure. The Final Order shall be effective ten (10) days after personal service.

6.9 Circumstances Affecting the Applicability of Prohibitions

If the Hearing Officer determines that SMDOT has established that the violation was more probable than not, and that consideration of the factors justifies sustaining the prohibition, the Hearing Officer must nevertheless modify or set aside the prohibition in the circumstances defined below. Any person asserting the right to a qualified prohibition order on the basis of the factors set forth below shall have the burden of establishing their applicability by a preponderance of the evidence.

6.9.1 Prohibitions Issued To Persons Who Did Not Understand The Nature And Extent Of Action Or Did Not Have The Ability To Control Actions

The Hearing Officer shall cancel a prohibition order if he or she determines that the person did not understand the nature and extent of their actions or did not have the ability to control their actions. 

6.9.2 Prohibitions Issued to Disabled Persons

An individual with a disability shall not be issued a complete prohibition from the BBB Transit System unless the person engaged in violent, seriously disruptive or criminal conduct, or in conduct posing a serious threat to the safety of others or to the operation of the transit system. Absent such a finding, if a Hearing Officer determines that a violation was more probable than not, the Hearing Officer shall order a qualified prohibition order to permit an individual with a disability to use the system for trips of necessity (e.g., travel to and from medical and legal appointments, school or training classes, places of employment, obtaining food, clothing and necessary household items, or for accessing any critical services.).

6.9.3 Prohibitions Issued to Transit Dependent Persons

If a person issued a prohibition order is dependent on the BBB Transit System for trips of necessity, including, but not limited to, travel to and from medical and legal appointments, school or training classes, places of employment, obtaining food, clothing and necessary household items, the Hearing Officer shall order a modified prohibition order to permit a transit dependent person to allow for those trips. 

6.9.4 Prohibitions Issued Based Upon Expressive Conduct or Exercise of Religious Opinion

A person issued a Notice of Prohibition Order for conduct determined to be expressive conduct protected by the First Amendment to the U.S. Constitution, shall not be excluded on the basis of such conduct. If the Hearing Officer finds that a violation was more probable than not, but also finds that the conduct involved expressive conduct or the expression of a religious opinion, the Notice of Prohibition Order shall be set aside, unless the Hearing Officer also finds that the effect of the conduct endangered public safety, disrupted service, or interfered with transit operations. For the purposes of this paragraph, the parameters of the free expression and religious protections afforded under this paragraph shall be coextensive with constitutional guarantees.

6.10 Treatment of Persons Who Do Not Provide a Mailing Address

If a person issued a Notice of Prohibition Order cannot, or will not, provide a mailing address at the time of issuance by a Prohibition Officer, a Notice Letter from a Prohibition Administrator, correspondence from the Hearing Officer, and any other documents concerning the Prohibition Order, shall be made available for pick-up at Blue: The Transit Store: 1444 4th Street, Santa Monica, CA 90401

If at any time during the pendency of a hearing, an excluded individual, or their representative, designates an address for mailing, any correspondence or documents produced subsequent to the date of the request shall be mailed to the address designated by the individual. If an individual is represented by counsel in the prohibition proceedings, all written materials shall be provided to the individual's attorney, at the attorney's mailing address. 

An excluded individual without a mailing address may personally appear at Blue: The Transit Store to request a hearing, or any other process to which the individual is entitled.

6.11 Effect of Failure to Provide an Address

When a person receiving a Notice of Prohibition Order is not able, or refuses, to provide a mailing address at the time of issuance, the Notice of Prohibition Order shall set forth the procedure for picking up any letters, notices or orders produced by a Prohibition Administrator or Hearing Officer, in a manner that is consistent with these Regulations.

6.12 Appointment of Hearing Officer

The Director of Transportation shall appoint one or more Hearing Officer(s) based on the individual's qualifications, training and objectivity. Hearing Officers may be SMDOT employees or agents, however, the Hearing Officers' continued service, performance, evaluation, compensation, and benefits, as applicable, shall not be directly or indirectly linked to their findings related to the number of prohibition orders upheld by the Hearing Officer.

6.13 Writ of Administrative Mandamus

All decisions issued by the Hearing Officer shall be subject to judicial review from any County Superior Court within the boundaries of the BBB Transit System as provided by Section 1094.6 of the Code of Civil Procedure. Judicial review must be filed within 90 calendar days of the delivery of the decision of the Hearing Officer by personal service. 

Any judicial review proceedings shall not stay the effective date of the prohibition order, unless so ordered by a Judge of the Superior Court. Any and all costs, fee or other expenses related to judicial review shall be borne by each party, unless otherwise ordered by the Superior Court. 

6.14 REQUEST FOR REFUND OF FARE MEDIA

A person issued a prohibition order under PUC §99171(a) may, within ten (10) calendar days of the date the order goes into effect, request a refund for any prepaid fare media rendered unusable in whole or in part by the prohibition order.  The request for refund should be made in writing to the Prohibition Administrator.  

If there is a balance of usable fare media of one or more days following the period of the prohibition order, the refund shall be prorated based on the number of days the fare media will be unusable. The issuance of any refund shall be subject to the surrender of the fare media.