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(a) If the director determines that a licensee is in violation of the terms of the license, this article, the rules and regulations established by the director under this article, a lawful order of the director, or other applicable law, the director may notify the licensee in writing of the violation and by written order direct the licensee to correct the violation within a reasonable period of time. In setting the time for correction, the director shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the director shall order the licensee to immediately cease use of the equipment.
(b) If the director determines that a violation is an imminent and serious threat to the public health or safety, the director shall order the licensee to correct the violation immediately. If the licensee fails to comply, the director shall promptly take or cause to be taken any action he considers necessary to the immediate enforcement of the order.
(c) The director shall include in a notice issued under this section:
(1) an identification of the violation;
(2) the date of issuance of the notice;
(3) the time period within which the violation must be corrected;
(4) a warning that failure to comply with the order may result in suspension or revocation of the license, imposition of a fine, or both; and
(5) a statement indicating that the order may be appealed to the city manager. (Ord. 21861)
(a) A private ambulance service licensee shall designate and maintain a representative to:
(1) receive service of notice required under this article to be given a licensee; and
(2) serve notice required under this article to be given an ambulance personnel permittee employed by a licensee.
(b) Notice required under this article to be given:
(1) a licensee must be personally served by the director on the licensee or the licensee’s designated representative or served by certified United States mail, five-day return receipt requested, to the address last known to the director of the person to be notified, or to the designated representative of the licensee;
(2) a permittee must be personally served by the director or served by certified United States mail, five-day return receipt requested, to the address last known to the director of the person to be notified, or to the designated representative for the permittee; or
(3) a person other than a permittee or a licensee under this article may be served in the manner prescribed by Subsection (b)(2) of this section.
(c) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. (Ord. 21861)
(a) A licensee may appeal a correction order issued under Section 15D-9.36 if an appeal is requested in writing not more than 10 days after notice of the order or 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 evidence presented at the hearing.
(c) The hearing officer may affirm, modify, or reverse all or a part of the order of the director. The decision of the hearing officer is final. (Ord. 21861)
(a) A person commits an offense if he violates or attempts to violate a provision of this article applicable to him. A culpable mental state is not required for the commission of an offense under this article unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under this article is punishable by a fine of not less than $100 nor more than $2,000.
(b) It is a defense to prosecution under this article that a person or vehicle was transporting a deceased person within the city solely for:
(1) a funeral home for the purpose of burial or preparation for burial; or
(2) a county medical examiner’s office.
(c) It is a defense to prosecution under Section 15D-7(a), (c), and (d); Section 15D-9.8; Section 15D-9.32(a), (b), (d), and (e); and Section 15D-9.33(c)(1) that a private ambulance service was only picking up a sick, injured, or deceased person at a health care facility within the city for the purpose of transporting that person by private ambulance to a location outside the city pursuant to the terms of a subscription program for emergency medical services approved by the Texas Board of Health in accordance with Section 773.011 of the Texas Health and Safety Code, as amended, provided that:
(1) the sick, injured, or deceased person was a prepaid subscriber to the program operated by the private ambulance service;
(2) the sick, injured, or deceased person was originally transported from a location outside the city to a health care facility within the city by the same private ambulance service;
(3) the private ambulance service does not have a place of business located within any county in which the city of Dallas is incorporated;
(4) the private ambulance service complies with all state requirements for emergency medical services providers, emergency medical services personnel, and private ambulances; and
(5) the private ambulance service does not pick up sick, injured, or deceased persons in the city more than 15 times within any 12-month period.
(d) Prosecution of an offense under Subsection (a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. (Ord. 21861)