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(a) The director may issue a probationary ambulance personnel permit to an applicant who is not qualified for an ambulance personnel permit under Section 15D-9.9 if the applicant:
(1) could qualify under Section 15D-9.9 for an ambulance personnel permit within one year from the date of application;
(2) holds a valid state driver’s license or occupation driver’s license; and
(3) is determined by the director, using the criteria listed in Section 15D-9.9(b) of this article, to be presently fit to engage in the occupation of ambulance personnel.
(b) A probationary permit may be issued for a period not to exceed one year.
(c) The director may prescribe appropriate terms and conditions for a probationary permit as the director determines are necessary. (Ord. 21861)
If an ambulance personnel permit is lost, destroyed, or mutilated, the director may issue the permittee a duplicate permit upon receiving payment of a duplicate permit fee of $40. (Ord. Nos. 21861; 25048; 27695; 30215)
(a) If a representative designated by the director to enforce this article determines that a permittee has failed to comply with this article (except Section 15D-9.9) or a regulation established under this article, the representative may suspend the ambulance personnel permit for a period of time not to exceed three days by personally serving the permittee with a written notice of the suspension. The notice must include:
(1) the reason for suspension;
(2) the date the suspension begins;
(3) the duration of the suspension; and
(4) a statement informing the permittee of the right of appeal.
(b) A suspension under this section may be appealed to the director if the permittee requests an appeal at the time the representative serves notice of the suspension. When an appeal is requested, the suspension may not take effect until a hearing is provided by the director.
(c) The director may order an expedited hearing under this section, to be held as soon as possible after the permittee requests an appeal. The director may affirm, reverse, or modify the order of the representative. The decision of the director is final. (Ord. 21861)
(a) If the director determines that a permittee has failed to comply with this article (except Section 15D-9.9) or a regulation established under this article, the director may suspend the ambulance personnel permit for a definite period of time not to exceed 60 days.
(b) If at any time the director determines that a permittee is not qualified under Section 15D-9.9, or is under indictment or has charges pending for any offense involving driving while intoxicated or a felony offense involving a crime described in Section 15D-9.9(a)(7)(A)(i), (ii), (iii), (iv), or (v) or criminal attempt to commit any of those offenses, the director shall suspend the ambulance personnel permit until the director determines that the permittee is qualified or that the charges against the permittee have been finally adjudicated.
(c) A permittee whose ambulance personnel permit is suspended shall not drive or act as an attendant on a private ambulance within the city during the period of suspension.
(d) The director shall, in writing, notify the permittee and the licensee employing the permittee of a suspension under this section. The notice must include:
(1) the reason for the suspension;
(2) the date the director orders the suspension to begin;
(3) the duration of the suspension or if it is under Subsection (b); and
(4) a statement informing the permittee of the right of appeal.
(e) The period of suspension begins on the date specified by the director or, in the case of an appeal, on the date ordered by the appeal hearing officer. (Ord. 21861)
(a) The director may revoke an ambulance personnel permit if the director determines that the permittee:
(1) drove or acted as an attendant on a private ambulance within the city during a period in which the permittee’s ambulance personnel permit was suspended;
(2) made a false statement of a material matter in an application for an ambulance personnel permit or permit renewal, or in a hearing concerning the permit;
(3) engaged in conduct that constitutes a ground for suspension under Section 15D-9.19 and received either a suspension in excess of three days or a conviction for violation of this article, two times within the 12-month period preceding the conduct or three times within the 24-month period preceding the conduct;
(4) engaged in conduct that could reasonably be determined to be detrimental to the public safety;
(5) failed to comply with a condition of a probationary permit; or
(6) is under indictment for or was convicted of any felony offense while holding an ambulance personnel permit.
(b) A person whose ambulance personnel permit is revoked shall not:
(1) apply for another ambulance personnel permit before the expiration of 12 months from the date the director revokes the permit or, in the case of an appeal, the date the appeal hearing officer affirms the revocation; or
(2) drive or act as an attendant on any private ambulance within the city.
(c) The director shall, in writing, notify the permittee and the licensee employing the permittee of a revocation. The notice shall include:
(1) the reason for the revocation;
(2) the date the director orders the revocation; and
(3) a statement informing the permittee of the right of appeal. (Ord. 21861)
(a) After receiving notice of suspension or revocation of a permit or denial of a permit renewal, the permittee shall, on the date specified in the notice, surrender the ambulance personnel permit to the director and discontinue driving or acting as an attendant on a private ambulance within the city.
(b) Notwithstanding Section 15D-9.19(c), Section 15D-9.20(b)(2), and Subsection (a) of this section, if the permittee appeals the suspension or revocation of an ambulance personnel permit, the permittee may continue to drive or act as an attendant on a private ambulance within the city pending the appeal unless:
(1) the permittee is not qualified under Section 15D-9.9; or
(2) the director determines that continued operation by the permittee would impose an immediate threat to the public safety. (Ord. 21861)
(a) A person may appeal a denial of an ambulance personnel permit or permit renewal, suspension of an ambulance personnel permit, or revocation of an ambulance personnel permit, if the person requests an appeal in writing, delivered to the city manager not more than 10 business days after notice of the director’s action is received.
(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 as to available administrative remedies. (Ord. 21861)
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