Pueblo Transit Suspension Procedure

Committing a violation of federal, state, local and Pueblo Transit’s Code of Conduct Policy may be cause for suspension of a person’s privileges to enter Pueblo Transit property, and use of its transit services. Notice of such suspension shall be in a written “Notice of Suspension” form and will notify the person suspended of the cause, the period of suspension, appeal procedures, and that failure to comply may be grounds for criminal prosecution. Only the Transit Director, Transit Supervisors, or TNT security officer may issue a Notice of Suspension.

Pueblo Police and TNT security have the authority to remove a person from Transit property who violates federal law, state law and/or the Prohibited Conduct set forth within the Pueblo Transit Code of Conduct.

In the event of immediate suspension, Pueblo P.D., Transit security, or Transit Management will order an immediate exit from Pueblo Transit property. In addition to prompt removal from Pueblo Transit Property, the customer will also receive a “Notice of Suspension” which can be found within the Transit Code of Conduct. In the event of immediate suspension, the duration of the suspension becomes effective at the time of issuance of the Notice of Suspension.

Period of Suspension

Typically, the following criteria will determine the period of suspension for each customer or person on Pueblo Transit property found in violation of federal, state, and local laws as well as the Pueblo Transit Code of Conduct.

Fare Evasion

A person receiving a Notice of Suspension for fare evasion is subject to the following suspension from Pueblo Transit services:

  1. First Offense: warning up to 1-day suspension
  2. Second Offense: 14-to-30-day suspension
  3. Third Offense: 30-to 90-day suspension
  4. Additional offenses: Citation and indefinite suspension

Code of Conduct Violations

A person receiving a Notice of Suspension for a violation of Pueblo Transits Code of Conduct, but not the act of the Colorado Criminal Code or the Municipal Code where the act is committed, is subject to the following suspension from Pueblo Transit services:

  1. First Offense: warning up to 7-day suspension
  2. Second Offense: 7-to-30-day suspension
  3. Third Offense: 30-to-60-day suspension
  4. Additional offenses: indefinite suspension

Criminal Offenses:

Offenses in this section will carry a minimum and maximum time frame depending on the severity of the offense:

A person receiving a notice of suspension for an act that violates either the Colorado Criminal Code or the Municipal Code in the Municipality where the act was committed, but the act is not a crime of violence as defined in the Colorado Criminal Code, is subject to the following suspension from Pueblo Transit Services.

  1. First Offense: minimum of 30 days maximum of 90 days
  2. Second Offense: minimum of 90 days maximum of 180 days
  3. Third Offense: minimum of 180 days up to an indefinite/permanent suspension

A person receiving a Notice of Suspension for a Crime of Violence, as defined in the Colorado Criminal Code, is subject to the following suspension from Pueblo Transit.

  1. First Offense: minimum of 180 days up to an indefinite/permanent suspension
  2. Second Offense: minimum of 365 days up to an indefinite/permanent suspension
  3. Third Offense: minimum of 730 days up to an indefinite/permanent suspension

A person receiving a notice of suspension for any crime against a Pueblo Transit employee or contractor, including but not limited to assault, theft, robbery, menacing, or sexual offenses, is subject to the following suspension from Pueblo Transit services:

  1. First Offense: minimum of 120 days up to indefinite/permanent suspension
  2. Second Offense: minimum of 365 days up to an indefinite/permanent suspension
  3. Third Offense: minimum of 730 days up to an indefinite/permanent suspension

If the suspended individual elects to use or access Pueblo Transit services and property during the period of suspension, they may incur additional suspension days up to and including criminal trespassing.

Appeal of Suspension

Right to a Hearing

Every person issued a Notice of Suspension will be entitled to a hearing if requested. The purpose of the hearing shall be:

  1. Review and determine whether the evidentiary basis for issuance of the suspension is sufficient pursuant to Pueblo Transits Code of Conduct.
  2. Determine whether the length and scope of the suspension is correspondent to the nature of the violation.
  3. Render a finding on whether it is more probable than not the individual engaged in conduct justifying the suspension.
  4. Consider any mitigating and aggravating factors relevant to the scope and length of the suspension.
  5. Issue a final suspension order to sustain, modify, or set aside the customer suspension.

Pueblo Transit will consider any evidence that supports or negates a finding that the individual engaged in conduct justifying the suspension. Evidence that a corresponding criminal case was dismissed may be considered but is not dispositive of whether the individual engaged in conduct justifying the suspension. All persons receiving a Notice of Suspension shall receive notice of their right to a hearing. It shall be the suspended individual’s burden to prove by preponderance of the evidence that they did not engage in conduct that resulted in their suspension.

Proceedings

Any person issued a Notice of Suspension may appeal their suspension to the Transit Director within ten (10) business days of issuance.

A request for appeal must include the following:

  1. Completed appeals form
  2. The notice of suspension
  3. Grounds for appeal, request date, and contact information of the requestor

If a person issued the notice of suspension is unable to submit an appeal, their representative, upon written verification regarding the representatives right to act on behalf of the person issued the Suspension Notice may submit the request. A representative may include, but is not limited to, their attorney, parents of a minor suspended, guardian, or a representative with the power of attorney.

In the event the person does not appeal their suspension to the Transit Director or their designee within ten (10) business days, the original Notice of Suspension becomes final.

Scheduling of Appeal Hearings

  1. Hearing Date: The person seeking an appeal must submit their request to the Transit Director either by email to transit@pueblo.us or written letter to the Director of Transit 350 Alan Hamel Avenue, Pueblo, Co 81003. The Director or their designee will contact the individual either by phone or mail to schedule a hearing within 7 business days of receipt of the notice of appeal.
  2. Continuance: The director or their designee, may grant a continuance on its own behalf or on the behalf of the suspended customer, if a continuance is warranted or necessary. The director or their designee has the sole discretion to grant or deny a continuance.

Evidence at Hearing

The Director, Transit Board, or their designee will review all relevant information and shall consider any mitigating or aggravating factors in determining the appropriate scope and length of the suspension, in his/her sole discretion. After consideration of the evidence presented, the Director, Transit Board or their designee may sustain, modify, or set aside the suspension.

Final Order

Within ten (10) business days following the conclusion of the hearing, the director, Transit board, or their designee shall issue a Final Order, setting forth all findings and decisions on the suspension. If the final order cannot be issued within ten (10) business days of the conclusion of the hearing, the Director, Transit Board, or their designee shall extend the stay on the suspension until the final order becomes effective. The final order shall be deemed issued on the date of mailing to all parties at the address provided by those parties, either through U.S. mail or email, and becomes effective three (3) business days from the date of issuance.

The final order shall set forth the findings of the Director, Transit board, or their designee, and the basis for such findings. If the final order sustains or modifies the Notice of Suspension, the final order shall clearly set forth the period of the suspension, including the exact starting and ending date.