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(a) To qualify for a private ambulance license, an applicant must:
(1) be at least 18 years of age;
(2) be currently authorized to work full-time in the United States;
(3) be able to communicate in the English language; and
(4) not have been convicted of a crime:
(A) involving:
(i) criminal homicide as described in Chapter 19 of the Texas Penal Code;
(ii) kidnapping as described in Chapter 20 of the Texas Penal Code;
(iii) a sexual offense as described in Chapter 21 of the Texas Penal Code;
(iv) robbery as described in Chapter 29 of the Texas Penal Code;
(v) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(vi) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(vii) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(viii) tampering with a govern- mental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in contact while engaged in private or emergency ambulance service;
(ix) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code;
(x) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, or of any comparable state or federal law, but only if the violation is punishable as a felony under the applicable law;
(xi) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law;
(xii) a violation of the Controlled Substances Act (Article 4476-15, Vernon’s Texas Civil Statutes), or of any comparable state or federal law, that is punishable as a felony under the applicable law; or
(xiii) criminal attempt to commit any of the offenses listed in Subdivision (4)(A)(i) through (xii) of this subsection;
(B) for which:
(i) less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense;
(ii) less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or
(iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses;
(b) An applicant who has been convicted of an offense listed in Subsection (a)(4), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, may qualify for a license only if the director determines that the applicant is presently fit to provide private ambulance service. In determining present fitness under this section, the director shall consider the following:
(1) the extent and nature of the applicant’s past criminal activity;
(2) the age of the applicant at the time of the commission of the crime;
(3) the amount of time that has elapsed since the applicant’s last criminal activity;
(4) the conduct and work activity of the applicant prior to and following the criminal activity;
(5) evidence of the applicant’s rehabilitation or rehabilitative effort while incarcerated or following release; and
(6) other evidence of the applicant’s present fitness, including letters of recommendation from prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant.
(c) It is the responsibility of the applicant, to the extent possible, to secure and provide to the director the evidence required to determine present fitness under Subsection (b) of this section. (Ord. 21861)
(a) To obtain a private ambulance service license, a person must make written application to the director upon a form provided for that purpose. The application must be signed and sworn to by an applicant who is the owner of the private ambulance service. The application must include the following:
(1) the name, address, and telephone number of the applicant, the trade name under which the applicant does business, and the street address and telephone number of the business establishment from which the private ambulance service will be operated;
(2) the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name and address of each person with a direct interest in the business;
(3) a statement of the nature and character of the service that the applicant proposes to provide, the facts showing the demand for the service, the experience that the applicant has had in providing such service, and the time period, if any, that the applicant provided such service within the city;
(4) an identification and description of any revocation or suspension of a private ambulance service license held by the applicant or business before the date of filing the application;
(5) the number and description of vehicles to be operated in the proposed service, including the year, make, model, vehicle identification number, and state license plate number and the class, size, design, and color scheme of each ambulance;
(6) documentary evidence from an insurance company indicating a willingness to provide insurance as required by this article;
(7) documentary evidence of payment of ad valorem taxes owed on the real and personal property to be used in connection with the operation of the proposed service if the business establishment is located in the city;
(8) a list, to be current at all times, of the owners and management personnel of the private ambulance service and of all employees who will participate in private ambulance service, including names, addresses, dates of birth, state driver’s license numbers, and social security numbers;
(9) a list of any claims or judgments against the applicant, other owners or management personnel, or employees for damages resulting from the negligent operation of an ambulance or any other vehicle;
(10) proof of financial ability and responsibility of the applicant;
(11) proof of a license from the Texas Department of Health to operate as an emergency medical services provider;
(12) any other information determined by the director to be necessary to the implementation and enforcement of this article or to the protection of the public safety; and
(13) a nonrefundable application processing fee of $120.
(b) Reserved.
(c) A person desiring to engage in private ambulance service shall register with the director a trade name that clearly differentiates that person’s company from all other companies engaging in private ambulance service and shall use no other trade name for the private ambulance service. (Ord. Nos. 21861; 27695; 30215)
(a) Upon receipt of an application for a private ambulance service license, the director shall promptly call a public hearing to consider the application. The director shall publish notice of the hearing once in the official newspaper of the city, and post notice of the hearing on the official bulletin board in the city hall, not less than five nor more than 15 days before the date of the hearing and shall give at least five days’ written notice of the hearing to:
(1) the applicant;
(2) the fire department; and
(3) the city secretary’s office.
(b) At the public hearing, the director shall hear evidence from interested persons on relevant issues.
(c) The applicant for a license has the burden of proving that:
(1) the public convenience and necessity require the proposed private ambulance service;
(2) the applicant is qualified and financially able to provide the service proposed in the application;
(3) the proposed fares and rates to be charged by the applicant are reasonable; and
(4) the proposed operating procedures and type of service to be offered will not interfere with, or adversely affect, existing ambulance systems. (Ord. 21861)
(a) The director shall, within a reasonable time after the date of application, issue a private ambulance
service license to an applicant who complies with the provisions of this article.
(b) A license issued to a private ambulance service authorizes the licensee and the licensee’s bona fide employees to engage in private ambulance service.
(c) The annual fee for a private ambulance service license is $445. The fee for issuing a duplicate license for one lost, destroyed, or mutilated is $5. The fee is payable to the director upon issuance of a license. No refund of a license fee will be made.
(d) A private ambulance service license issued under this article must be conspicuously displayed in the private ambulance service’s business establishment.
(e) A private ambulance service license, or any accompanying permit, badge, sticker, ticket, or emblem, is not assignable or transferable. (Ord. Nos. 21861; 30215)
(a) A private ambulance service license expires one year from the date of issuance. A licensee shall apply for a renewal at least 30 days before the expiration of the license. The director shall renew a license without a public hearing if, after investigation, the director determines that:
(1) the licensee has performed satisfactorily under the terms of the license;
(2) the service provided continues to be necessary and desirable; and
(3) the licensee continues to comply with all requirements of this article.
(b) If, after investigation of a renewal application, the director determines that a statement in Subsection (a)(1), (2), or (3) is not true, the director shall call a public hearing and consider the renewal in the same manner as an original application. (Ord. 21861)
(a) The director shall refuse to issue or renew a private ambulance service license if the director determines that the applicant or licensee:
(1) made a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning the license;
(2) was convicted twice within a 12-month period or three times within a 24-month period for violation of this article;
(3) had a private ambulance service license suspended two times within the preceding 12 months or three times within the preceding 24 months, or revoked within the preceding 24 months;
(4) failed to comply with any requirement of this article or any rule or regulation established by the director under this article;
(5) was convicted for a violation of another city, state, or federal law or regulation that indicates lack of fitness of the applicant or licensee to operate a private ambulance service;
(6) was convicted of any felony offense while holding a private ambulance service license;
(7) used a trade name for a private ambulance service other than the one registered with the director; or
(8) is not fit, willing, or able to operate a private ambulance service in accordance with the license, this article, rules and regulations established by the director under this article, and other applicable state and federal laws.
(b) If the director determines that a license should be denied the applicant or licensee, the director shall notify the applicant or licensee in writing that the application is denied and include in the notice the reason for denial and a statement informing the applicant or licensee of the right of appeal. (Ord. 21861)
(a) The director may suspend or revoke a private ambulance service license if the director determines that the licensee:
(1) made a false statement as to a material matter in an application for a license or license renewal, or in a hearing concerning a license;
(2) failed to comply with any provision of this article or any rule or regulation established by the director under this article;
(3) was convicted for a violation of another city, state, or federal law or regulation that indicates lack of fitness of the licensee to operate a private ambulance service;
(4) is under indictment for or was convicted of any felony offense while holding a private ambulance service license;
(5) used a trade name for a private ambulance service other than the one registered for that service with the director;
(6) is not fit, willing, or able to continue to operate a private ambulance service in accordance with the license, this article, rules and regulations established by the director under this article, and other applicable state and federal laws; or
(7) failed to pay all fees required by this article.
(b) The director may suspend a private ambulance service license for a period not to exceed 60 days. At the end of the suspension period, the licensee may file with the director a written request for reinstatement of the license. The director shall determine if the deficiency causing the suspension has been corrected by the licensee and approve or deny reinstatement.
(c) The director shall notify the licensee in writing of a suspension or revocation under this section and include in the notice:
(1) the reason for the suspension or revocation;
(2) the date the suspension or revocation becomes effective;
(3) the duration of a suspension; and
(4) a statement informing the licensee of the right of appeal.
(d) After receipt of a notice of suspension or revocation, the licensee shall, on the date specified in the notice, surrender the license to the director and discontinue operating a private ambulance service inside the city.
(e) Notwithstanding Subsection (d), if the licensee appeals a suspension or revocation under this section, the licensee may continue to operate a private ambulance service pending the appeal unless:
(1) the licensee fails to meet the minimum insurance requirements of Section 15D-9.26 of this article; or
(2) the director determines that continued operation by the licensee would impose a serious and imminent threat to the public safety.
(f) A person whose private ambulance service license is revoked shall not, before the expiration of 24 months from the date the director revokes the license or, in the case of an appeal, the date the permit and license appeal board affirms the revocation:
(1) apply for another private ambulance service license; or
(2) perform as an employee, representative, or ambulance personnel for a private ambulance service licensee. (Ord. 21861)
(a) If the director suspends a private ambulance service license, the action is final unless the licensee files an appeal, in writing, with the city manager within 10 business days after notice of suspension.
(b) The city manager or the city manager’s designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make a ruling on the basis of a preponderance of the evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or part of the action of the director being appealed. The decision of the hearing officer is final. (Ord. 21861)
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