§ 7.16.105. License probation, suspension, or revocation.

A.

The director may place on probation, suspend, or revoke an ambulance operator license for failure by the licensee to comply, and maintain compliance with, or for violation of, any applicable provisions, standards, or requirements of state statute or regulation, of this code, or of any regulations promulgated hereunder. Probation or suspension of a license is not a condition precedent to revocation of a license.

B.

Before probation, the director of the department of heath services shall give written notice to the licensee. Said notice shall:

1.

Specify the reasons for which the probation action is to be taken. Such reasons shall include, but are not limited to:

a.

Any violation of this title or any federal, state, or local law or regulation related to the provision of emergency medical services,

b.

Failure to make, keep, maintain, and provide upon request any records or documents required by this section (including records of current CHP inspections and licenses),

c.

Use of unlicensed vehicles or noncertified Emergency Medical Technicians (EMTs) or other unlicensed medical personnel, and

d.

Failure to pay required fees or fines within thirty (30) days of due date;

2.

Set forth the term of the probation period not to exceed 120 days;

3.

Request a plan of correction for the violation(s) specifying the reasons the action is being taken; and

4.

Written notice shall be served on the licensee, either by delivery to its principal place of business or to its designated agent for service of such notices, if any.

C.

Before suspension or revocation, the director of heath services shall give written notice to the licensee. Said notice shall:

1.

Specify the reasons for which the action is to be taken. Such reasons include, but are not limited to:

a.

Any violations of this chapter or any federal, state, or local law or regulation related to the provision of emergency medical services,

b.

Failure to maintain insurance coverage as defined in Section 7.16.180,

c.

Repeated and continuous minor violations,

d.

Conviction of a felony by the licensee,

e.

Conviction of an offense related to the use, sale, possession, or transportation of narcotics,

f.

Aiding or abetting an unlicensed or uncertified person to evade the provisions of this title,

g.

Presenting a threat to public health and safety including, but not limited to, using unlicensed or uncertified personnel,

h.

Failure to pay any fine or fee imposed by any provision of this chapter,

i.

Failure to maintain and/or provide records as required by this chapter, or

j.

Debarment by the Centers for Medicare and Medicaid (CMS).

2.

Set a hearing date, of not more than 15 county working days nor less than seven county working days after the date of delivery of the notice to the licensee;

3.

Specify the date, time, and place of the hearing; and

4.

Be served on the licensee, either by delivery to its principal place of business or to its designated agent for service of such notices, if any.

D.

If the licensee, subsequent to service of such a probation, suspension, or revocation notice under this section, remedies some or all of the conditions to which the notice refers, the director of the department of health services may rescind the probation, suspension, or revocation at any time.

E.

At the hearing, the department of heath services has the burden of proof and may present evidence as to why such action should be taken and to answer the evidence presented by the licensee.

F.

The director of the department of health services may reduce the period of time for hearing under a suspension or revocation notice to no less than 24 hours when the director makes written preliminary findings that such action is necessary to protect the public health, safety, and welfare. When, as a result of such an emergency proceeding, a license is suspended or revoked, the licensee may request an additional hearing at which the licensee will have the burden of establishing renewed compliance justifying reinstatement of the license. Such additional hearing will be commenced within five days of the licensee's written request to the director. The request for, and the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

G.

Hearings conducted pursuant to this section shall be conducted before an impartial hearing officer designated by the director of the department of health services who is not an employee of the department. At the conclusion of said hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings, conclusions, and recommendations for consideration by the director.

H.

The director of the department of health services shall issue a written decision within 15 county working days after conclusion of the hearing.

I.

Except as may be specifically provided by this section or by other provisions of this title, the hearing and appeal rules and regulations reflected in Chapters 7.10 and 7.12 of this title are applicable to the license suspension or revocation proceedings referenced in this section.

(Ord. 2011-0031 § 10, 2011: Ord. 96-0067 § 11, 1996: Ord. 88-0181 § 17, 1988.)