Sonoma County Municipal Code § 28-22 Enforcement

(a) During any "state of war emergency," "state of emergency" or "local emergency," as defined in the California Emergency Service Act (Chapter 7 of Division 1 of Title 2 of the Government Code), as amended, each ambulance service operator shall provide equipment, facilities, and personnel as required by the LEMSA per applicable law.

(b) The Department of Health Services shall provide for the fulfillment of the Medical Health Operational Area Coordinator role in accordance with HSC 1797.153.

(Ord. No. 6294, § I, 11-12-2019)

(a) Any permit issued or provider agreement may be suspended or revoked for good cause by an enforcement officer. "Good cause" for the purpose of this section, means a violation of state law, a violation of any of the provisions of this chapter, a violation of LEMSA policy, a violation of any condition of such permit or agreement, or failure to make payment of the required fee to the department.

(b) The following practices will be utilized during a revocation or suspension:

(1) Whenever an enforcement officer finds that an EMS entity is not operating in compliance with their permit or provider agreement, a written notice to comply shall be issued to the EMS entity. If the entity fails to comply within fifteen (15) days of the notice, the enforcement officer shall issue a second written notice to comply describing the acts or omissions with which the EMS entity is charged and informing them of their right to request a hearing.

(2) At any time within a fifteen-day period after service of such notice, the EMS entity may request a hearing before the hearing officer to show cause why the permit or provider agreement should not be suspended or revoked.

(3) A failure to request a hearing within fifteen (15) days shall be deemed a waiver of a right to such a hearing.

(4) Any hearing provided for in this section shall be conducted in accordance with Section 28-21.

(5) A permit or Provider Agreement may be reinstated or a new one (1) issued if the LEMSA determines that the conditions that prompted the suspension or revocation no longer exist.

(Ord. No. 6294, § I, 11-12-2019)

(a) Notwithstanding the provisions of this chapter, and except as otherwise specifically provided by state law, an enforcement officer may immediately suspend or revoke a permit or provider agreement if the enforcement officer determines that there is an immediate threat to public health, safety, or welfare.

(1) The enforcement officer shall serve the EMS entity within forty-eight (48) hours of the suspension or revocation, written notice of the grounds for the immediate suspension or revocation. An EMS entity may appeal the suspension or revocation by filing a written notice to request a hearing before the hearing officer.

(2) If a hearing is requested, it shall be conducted in accordance with Section 28-21.

(Ord. No. 6294, § I, 11-12-2019)

(a) Whenever this chapter provides for a hearing, the hearing shall be conducted in accordance with this section.

(b) Upon receipt of a written request for a hearing, the hearing officer shall set a hearing date at the earliest practicable time. The hearing shall be held no later than fifteen (15) calendar days after receipt of the request for a hearing. Upon written request of one (1) of the parties, the hearing officer may postpone a hearing date, if circumstances warrant the action. The hearing officer shall give notice of the hearing to the parties at least ten (10) calendar days before the date of the hearing.

(c) When circumstances warrant, the hearing officer may order a hearing at any reasonable time within this fifteen-day period to expedite permit or provider agreement suspension or revocation process.

(d) Neither the provisions of the Administrative Procedure Act (Government Code Section 11500 et seq.) nor the formal rules of evidence in civil or criminal judicial hearings shall apply to such hearing. At the hearing, the hearing officer may admit any evidence, including witness testimony, relevant to the determination of the matter, except as otherwise provided in this chapter. A record of the hearing shall be made by any means, including electronic recording, so long as a reasonably accurate and complete written transcription of the proceedings can be made.

(e) The hearing officer shall issue a written notice of decision within five (5) working days following the hearing. Notice of the written decision, including findings of facts, conclusions of law, and notification of the time period in which judicial review may be sought pursuant to Code of Civil Procedure Section 1094.6 shall be served on all parties. If the hearing was held to appeal an action against a permit or provider agreement, the notice of decision shall also specify the acts or omissions with which the permitted EMS entity or permit applicant is charged, and shall state the terms of any applicable suspension or notice that a permit has been revoked. Any decision rendered by the hearing officer shall be a final administrative decision.

(f) Judicial Review. Hearing officer decisions shall be final, subject to judicial review under the provisions of California Code of Civil Procedure Sections 1094.5 and 1094.6. California Code of Civil Procedure Section 1094.6 governs limitation of time for filing petitions under Section 1094.5, as set forth in Sonoma County Code Section 1-7.5.

(g) Nothing in this chapter is intended to interfere or supersede the authority of the LEMSA medical director in California Health and Safety Code Section 1798. (c) to convene a medical review panel at the request of a paramedic base hospital medical director for the purpose of reviewing the medical effect of a LEMSA policy. In addition, the LEMSA medical director shall convene a panel if requested by the head of a public safety agency, a receiving hospital medical director, a city or special district, or the Sonoma County Board of Supervisors to review the medical effect of any LEMSA policy implemented through the process described in this chapter in Section 28-16

(Ord. No. 6294, § I, 11-12-2019)

(a) Section 1-7 of the Sonoma County Code will apply to any and all violations of this chapter.

(b) EMS service providers and healthcare facilities in operation within Sonoma County on the date of ordinance passage and the LEMSA shall have one (1) year from date of ordinance passage to come into compliance with any new requirements created by the ordinance and/or the implementation of any new policy created to address ambulance permitting, provider authorization, dispatch of ambulances created by the LEMSA in conformity with this chapter. The LEMSA may extend the deadline for system participant compliance on a case by case basis.

(Ord. No. 6294, § I, 11-12-2019)