CITY OF PORlLAND Office ofCity Auditor LaVonne Griffin-Valade Hearings Office 1900 SW 4th Avenue, Room 3100 Portland, OR 97201 phone: (503) 823-7307 - fax: (503) 823-4347 web: www.portlandoregon.gov/auditorihearings HEARINGS OFFICER'S MODIFIED ORDER TriMet vs. John Lue Lee CASE NO. 3110282 (TriMet Exclusion Number 168468) HEARlNG DATE: August 9, 2011 APPEARANCES: Mr. John Lue Lee, Excluded Party Officer Danny Hill, on behalfofTriMet HEARlNGS OFFICER: Ms. Kimberly M. Graves FINDINGS OF FACT AND CONCLUSIONS OF LAW: The Hearings Office received on August 26,2011 a letter from Mr. Lee requesting a qualified exclusion (Exhibit #7). Mr. Lee was found at the hearing on August 9, 2011 to be transit dependent. The Hearings Officer admits Exhibit #7 into the evidentiary record ofthis case. Mr. Lee requests access to TriMet during the term ofhis exclusion to continue his schooling. Mr. Lee requests to ride the Yellow line MAX train between NE 60th Ave. and North Killingsworth, the Green, Blue or Red line MAX train between the Rose Garden Transit Center and NE 60th Ave. and bus #77 between the Rose Garden Transit Center and NE 66th Ave. Mr. Lee requests to make the above-mentioned trips on Monday and Wednesday between 8:00 a.m. and 3:00 p.m. and Thursday between 5:00 p.m. and 10:00 p.m. The Hearings Officer fmds Mr. Lee's described trips to and from school to be trips ofnecessity. The Hearings Officer, therefore, finds that Mr. Lee needs access to the bus #77 between NE Halsey/66th and the Rose Quarter Transit Center, and the Yellow line MAX train between the InterstatelRose Quarter MAX station and the N. Killingsworth MAX station. Mr. Lee shall also be permitted to ride the Blue, Red or Green line MAX trains from Rose Quarter TC MAX station and the NE 60th Ave MAX station. Mr. Lee may travel on the designated lines on Monday and Wednesday between 8:00 a.m. and 3:00 p.m. and Thursday between 5:00 p.m. and 10:00 p.m. The Order issued in this case, dated August 12, 2011, is modified. All terms, conditions and orders contained in the August 12, 2011 Order shall remain the same excepting paragraph 3, Scope ofExclusion. Paragraph 3, Scope ofExclusion is modified to read: CASE NO. 3110282 Page No. 2 Mr. Lee shall be pennitted on Monday, Tuesday and Friday between 3 :00 p.m. and 11 :00 p.m., Saturday between 6:00 a.m. and 7:00 p.m. and Sunday between 7:00 a.m. and 3:00 p.m. to ride the Red, Blue or Green line MAX train from the NE 60th Avenue MAX station to the Gateway Transit Center (Red line), SE Main Street MAX station (Green line) or E 1020d Avenue MAX station (Blue line). Mr. Lee shall also be pennitted on Monday and Wednesday between 8:00 a.m. and 3:00 p.m. and Thursday between 5:00 p.m. and 10:00 p.m. to ride bus #77 between NE Halsey/66th and the Rose Quarter Transit Center, and the Yellow line MAX train between the InterstatelRose Quarter MAX station and the N. Killingsworth MAX station. Mr. Lee shall be pennitted to ride the Blue, Red or Green line MAX trains from Rose Quarter TC MAX station and the NE 60th Ave MAX station. ORDER 1. All terms, conditions and orders contained in the August 12, 2011 Order shall remain in full force and effect excepting as modified by paragraph 2 below. 2. Mr. Lee shall be pennitted on Monday, Tuesday and Friday between 3:00 p.m. and 11:00 p.m., Saturday between 6:00 a.m. and 7:00 p.m. and Sunday between 7:00 a.m. and 3:00 p.m. to ride the Red, Blue or Green line MAX train from the NE 60th Avenue MAX station to the Gateway Transit Center (Red line), SE Main Street MAX station (Green line) or E 1020d Avenue MAX station (Blue line). Mr. Lee shall also be pennitted on Monday and Wednesday between 8:00 a.m. and 3:00 p.m. and Thursday between 5:00 p.m. and 10:00 p.m. to ride bus #77 between NE Halsey/66th and the Rose Quarter Transit Center, and the Yellow line MAX train between the InterstateIRose Quarter MAX station and the N. Killingsworth MAX station or the Blue, Red or Green line MAX trains from Rose Quarter TC MAX station and the NE 60th Ave MAX station. 3. This Modified Order has been mailed to the parties on August 30, 2011 and shall become effective immediately. 4. This Modified Order may be appealed to a court ofcompetent jurisdiction pursuant to ORS 34.010 et seq. Dated: August 30, 2011 . Graves, Hearings Officer KMG:rs/jeg Enclosure Exhibit # Description Submitted by Disposition 1 Appeal form pae;e 2 Turner. Anna Received 2 TriMet Fare Inspection System printout Turner. Anna Received 3 Notice of Exclusion Turner. Anna Received 4 Malline; List Hearine;s Office Received 5 Hearine; Notice Hearine;s Office Received 6 Statement of Rie;hts Hearine;s Office Received 7 8/24/11 Letter Lee JohnLue Received .