Chapter 6 — ENFORCEMENT

4-7600 - INVESTIGATIONS AND INSPECTIONS.

(1)

The ambulance service permittee shall cooperate with the Permit Officer, or designee, in any investigations of possible violations of this section and shall make any requests for service, dispatch logs, and similar dispatch records available for inspection and copying at reasonable times at the permittee's regular place of business.

(2)

At the request of the Permit Officer or his designee the ambulance provider shall submit self-inspections of all ambulances on a form to be provided by the Permit Officer. The ambulance provider shall allow the Permit Officer or designee, to inspect, on a pre-announced or unannounced basis, all ambulances used to provide ambulance services. The inspections should be held, whenever possible, during normal business hours at the ambulance operations center. The purpose of such inspections may include, but shall not be limited to, determining if the ambulance and its required equipment and appurtenances, including radios, are in good working order, properly maintained, and equipped for the provision of ambulance service.

(Ord. No. 4563, 8-18-2020)

4-7601 - PENALTIES.

(1)

The Permit Officer may suspend or revoke an ambulance operator's permit for:

(a)

Failure to comply and maintain compliance with, or for violation of, any applicable provision, standard or requirement of state law or regulation, of this Division, or of any regulations promulgated under this Division; or

(b)

Failure to make and retain records showing its operations in any area covered by this ordinance, including but not limited to dispatching, response, personnel, vehicles, medical treatment or billing, or fails to make such records available for inspection by the Permit Officer or designee; or

(c)

Accepting an 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

(d)

Failure to pay any fine issued pursuant to this section within ten (10) business days; or

(e)

Except for holders of a permit to provide non-emergency service only, failure to maintain approval as a San Joaquin County approved advanced life support service.

(2)

Suspension is not a condition precedent to revocation.

(3)

The Board of Supervisors may set maximum fines for violation of this Division.

(4)

Fines, not exceeding the amount established by the Board of Supervisors may be issued by the Permit Officer for ambulance services for:

(a)

Failure to respond to an emergency call within the required response times;

(b)

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

(c)

Failure to respond to an emergency call with an advanced life support unit;

(d)

Failure to comply with countywide system status management plan;

(e)

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

(f)

Failure to comply with any other section of this Ordinance or any regulation adopted pursuant to this Division.

(Ord. No. 4563, 8-18-2020)

4-7602 - NOTICE ISSUANCES.

Before any suspension or revocation, the Permit Officer 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 (5) 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.

(Ord. No. 4563, 8-18-2020)

4-7603 - HEARINGS.

Hearings conducted pursuant to this Division shall be conducted before a Hearing Officer appointed and selected pursuant to Ordinance Code of San Joaquin County, Title 2, Division 3, Chapter 5. The Hearing Officer shall conduct the hearing pursuant to Section 2-3311 unless, as provided for in that Section, the parties agree to alternative procedures in writing.

(Ord. No. 4563, 8-18-2020)

4-7604 - APPEALS.

The permitee may file a written appeal of the Hearing Officer's decision with the Director of Health Care Services within ten (10) days of the issuance of the Hearing Officer's written decision. Appeals will be heard no later than sixty (60) days from the date of the receipt of such a request. The Director of Health Care Services' decision shall be final.

(Ord. No. 4563, 8-18-2020)

4-7605 - EMERGENCY ACTION.

The Permit Officer 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 Permit Officer 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 hearing will be commenced within five (5) 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. No. 4563, 8-18-2020)

4-7606 - DECISION.

The Hearing Officer shall issue a written decision within thirty (30) days after conclusion of the hearing.

(Ord. No. 4563, 8-18-2020)