§ 7.17.105. License probation, suspension, or revocation.

A.

The director of the department of health services may place on probation, suspend, or revoke an ambulette operator's 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. Prior probation or suspension of a license is not a requirement for revocation of a license.

B.

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

1.

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

a.

Violations of this chapter which may not directly relate to public health and safety,

b.

Failure to make, keep, and provide records required by this section or by county contract,

c.

Providing unlicensed vehicles or noncertificated or unlicensed personnel,

d.

Failure to pay required fees;

2.

Set forth the term of the probation period not to exceed 120 days wherein the licensee has one or more minor violations;

3.

Request a plan of correction for the violation(s), and specify the reasons the probation action is being taken; 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.

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

The licensee may request a public hearing. However, the licensee has the burden of proof and may present evidence as to why such action should not be taken and to answer the evidence presented by the director of health services.

Hearings conducted pursuant to this subsection 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 of health services. At the conclusion of said hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings and conclusions for consideration by the director.

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

C.

Before suspension or revocation, the director of health 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 shall include, but are not limited to:

a.

Violations of this chapter or of the California Code which are directly related to public health and safety,

b.

Failure to maintain insurance coverage as defined in Section 7.17.110,

c.

Failure to maintain Workers' Compensation insurance as defined in Section 7.17.130,

d.

Repeated and continuous minor violations,

e.

Conviction of a felony by the licensee,

f.

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

g.

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

h.

Using unlicensed ambulettes or unlicensed or noncertificated personnel;

2.

Set forth 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 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 a suspension or revocation at any time.

E.

At the hearing, the local EMS agency has the burden of proof and may present evidence as to why such action should be taken and may 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 of 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 of health services. At the conclusion of said hearing, the hearing officer shall expeditiously prepare a written summary of the evidence and proposed findings and conclusion 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 the conclusion of the hearing.

Except as may be specifically provided by this section or by other provisions of this chapter, 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. 96-0068 § 12, 1996.)