§ 31.0812. Appeal Procedure.

(a) If the renewal of a permit is denied by the Health Officer or if the Health Officer suspends or revokes a permit, the permittee shall be given written notice specifying the action taken, and the effective date thereof. Such notification shall be by registered or certified mail. The permittee shall, upon written request, be entitled to a hearing as provided in Title 3, Division 1, Chapter 6 of this Code (§§ 31.0601—31.0605). The permittee’s request for a hearing shall be made within ten days of receiving the notice of denial, revocation, or suspension. The permittee shall then be afforded a hearing prior to the effective date of denial, suspension, or revocation. When a permittee is, or becomes, unable to provide the required level of ambulance service because of a lack of an operating vehicle, properly equipped vehicle, insurance, or personnel to serve and such a lack or failure constitutes a substantial decrease in ability to provide the level of ambulance service required by this Chapter, then the suspension or revocation of the Health Officer shall be effective when notice of such is sent to the permittee, and shall be in effect thenceforth unless that disposition is changed after a hearing requested by the permittee. The hearing shall be held within seven days of the suspension or revocation. The Health Officer may, after such hearing, affirm, modify, or set aside the original decision. The Health Officer shall notify all public safety agencies, County Communications Division, and all hospitals in the respective permit area if the permit renewal is denied or if a permit is suspended or revoked.

(b) If the Health Officer denies the renewal of or suspends or revokes a permit, the permittee shall have the right to demand a hearing by the Board of Supervisors. A request for a hearing shall be made in writing to the Clerk of the Board within 20 calendar days following the denial, suspension, or revocation of the permit. Upon receipt of a written request, the Clerk of the Board shall set the matter for hearing as soon as reasonably possible but not more than 60 days following receipt of the written request and give notice to the appellant and the Health Officer of the date set for the hearing. The hearing shall be conducted in accordance with the provisions of the County Administrative Hearing Process. The decision of the Board of Supervisors upon any such appeal shall be final unless within 30 days of mailing of written notice of such decision the emergency service provider shall have filed an action with the Superior Court under the provisions of Code of Civil Procedure § 1094.5 for review pursuant to administrative mandamus.

Pending any appellate procedure herein provided, no change shall occur unless the Health Officer shall, in his or her discretion, determine that an emergency situation exists requiring the substitution of another emergency services provider on an interim basis.

(Ord. 2084, passed - -1976; Am. Ord. 3251, passed - -1998)