Alameda County Municipal Code Art. VI Enforcement

A. The county shall have the right to inspect the records, facilities, equipment, supplies, personnel, and methods of operation of the permittee whenever the county deems such inspection necessary.

B. The permittee shall cooperate with the county, in any investigations of possible violations of this section and shall make all requested information, dispatch logs and similar dispatch records, including tape recordings, available for inspection and copying at reasonable times at the permittee's regular place of business. All tape recordings shall remain available for a minimum of sixty (60) days from the date the recording was made.

C. The permittee shall allow the county to inspect, on a pre-announced or unannounced basis, all ambulances used to provide ambulance service. The inspections should be held, whenever possible, during normal business hours at the ambulance operations center, but may include spot inspections in the field. The purpose of such inspections is to determine if the ambulance and its equipment and supplies are in good working order, properly maintained and equipped for the provision of ambulance service for which it is permitted. The ambulance inspection will be for all equipment identified in the county's policies, which has not been inspected by the CHP under the California Code of Regulations, Title 13, Vehicle Code, Division 2, Chapter 2, Article 1, Sections 1103 and 1103.2.

D. Failure to provide current county, CHP, DMV and insurance vehicle documentation; and/or failure to pass an inspection by EMS may result in the ambulance being taken out-of-service at the conclusion of the inspection until such time as the deficiencies are corrected.

E. At the request of the county, the ambulance provider shall submit self-inspections of all ambulances on the county's ambulance self-inspection form.

F. The permittee shall inform the county of any suspension and/or revocation of their California Highway Patrol Ambulance Service License, or vehicle certificate, or authorized emergency vehicle permit for any of their support vehicle(s).

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

A. Any user of a permitted ambulance service contending that he/she received unsatisfactory service(s) may file a written complaint with the county. Such written complaint(s) shall set forth the allegations. The county shall notify the permittee of the complaint and provide the permittee with information about the complaint.

B. The county shall conduct an investigation of the allegation(s) in the written complaint to determine the validity of said allegation(s). If the allegation(s) are found to be valid, the county shall take actions to secure compliance with the provisions of this chapter and any established ambulance regulations.

C. If the county is unable to secure compliance, it will initiate action to penalize, suspend or revoke the certificate of operation.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

A. The county may suspend or revoke an ambulance company's certificate of operation for:

1. Violating any provision, regulation, law, state or federal standards or ordinances;

2. Failure to make and retain records showing its operations in any area covered by this chapter, including but not limited to dispatching, response, personnel, vehicles, medical treatment or billing, or failure to make such records available for inspection by the county;

3. Accepting an emergency or non-emergency call when it is either unable or unwilling to provide the requested service, or fails to inform the person requesting such service of any delay, and fails to obtain consent of such person before causing an ambulance to respond from a location more distant than the one to which the request was directed; or

4. Failure to pay any fine issued pursuant to this section within thirty (30) business days.

B. Suspension is not a condition precedent to revocation.

C. Fines:

1. Fines may be issued by the county for:

a. Failure to provide required clinical or operational reports, including dispatch records;

b. Failure to comply with requirements for personnel, equipment, and vehicles;

c. Failure to comply with any other section of this chapter or any regulation adopted pursuant to this chapter

2. Exceptions shall be granted for records destroyed by fire, explosion, or theft beyond the reasonable control of the permittee; a declaration of local, state, or federal emergency impacting the permittee's resources; and/or acts of God.

3. Failure to remit amount of fine levied within thirty (30) days of resolution of appeal to the board of supervisors may result in revocation of the certification of operation.

D. Violations:

1. Except as otherwise provided, any permittee who violates any provision of this chapter shall be guilty of a misdemeanor as provided under Section 1.12.010 of the Alameda County Code.

2. A permittee who violates provisions of this chapter shall be subject to a fine:

a. Not exceeding two hundred dollars ($200.00) for a first violation.

b. Not exceeding four hundred dollars ($400.00) for a second violation of the same section.

c. Not exceeding six hundred dollars ($600.00) for each additional violation within one year of the same section.

3. A violation period is defined as each day or portion thereof that a permittee is in violation of this chapter.

4. The county or designee is hereby authorized to institute and pursue, in the name of the county, pursuant to the provisions of Section 25132 of the Government code, civil actions for the recovery of fines for violations of this chapter.

5. Payment of any fine herein shall not relieve the permittee or individual from the responsibility of correcting the violation.

6. The fines paid under the administration of this chapter shall be disbursed by the county to the city in which the ambulance company is based.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

Before any suspension or revocation, the county shall give written notice to the permittee specifying why such action is contemplated and giving the permittee a reasonable period of time (not less than five nor more than fifteen (15) business days) to comply with the provisions in question or to show cause against suspension or revocation and setting a date for hearing thereon. Action against an EMT or paramedic shall be based on county and state EMSA regulations.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

A. If an applicant for a certificate of operation or an ambulance permit or a permitee is dissatisfied with any of the actions taken by the county, he/she may request an administrative hearing.

B. The request for an administrative hearing must be filed within ninety (90) days of the date of the notice.

C. The hearing shall be held at an agency office. The agency shall mail to the claimant a written notice of the time and place of the hearing no less than five days prior to the hearing.

D. Hearings conducted pursuant to this chapter shall be conducted before a hearing officer designated by the county. All hearings shall be electronic tape-recorded. Hearings need not be conducted according to the California Code of Evidence. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence, but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions in courts of competent jurisdiction in this state. Any relevant evidence shall be admitted if it is the type of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state. Irrelevant and unduly repetitious evidence shall be excluded. The parties shall equally bear the expense of the hearing officer and the cost of the hearing. Each party shall bear its own expense.

E. At the hearing, the county 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 permittee.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

The permittee may file a written appeal with the board of supervisors within ten days of receipt of the issuance of the county's written decision by certified mail. A copy of the written appeal must also be served to the county either in person or by certified return receipt mail within ten days of receipt of the issuance of the county's written decision by certified mail. Appeals will be heard at a regularly scheduled board of supervisors meeting. The board of supervisor's decision shall be final.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

The county may reduce the period of time for compliance under a suspension or revocation notice to no less than twenty-four (24) hours and set the matter for hearing immediately upon expiration of the period when the county 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 permit is suspended or revoked, the permittee may request an additional hearing at which the permittee will have the burden of establishing renewed compliance justifying reinstatement of the permit. Such additional hearings will be commenced within five days of the permittee's request. The request for, or the scheduling of, an additional hearing shall not stay operation of the suspension or revocation order.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)

At the conclusion of the hearings, the hearing officer or the board shall promptly prepare a written determination of the issues presented and the proposed findings. A copy of the decision shall be served on the parties by certified return receipt mail. Service of the decision shall be deemed complete at the time deposited in the mail.

(Ord. 2007-48 § 2 (part))

(Ord. No. 2012-25, § 2, 6-26-12)