§ 42-91. Hearing procedures; complaint resolution.

(a)

The EMS review committee shall investigate in an appropriate manner, any and all complaints which have not been or cannot be resolved by the county fire chief (hereinafter referred to as fire chief) for the board, concerning the service of a certificate holder operating in the county as that operation relates to this article, to the satisfaction of the complainant. The fire chief must inform the EMS review committee of such unresolved complaints in writing.

(b)

Violations of an emergency nature. If the violation is of an emergency nature such that the health, safety and welfare of the citizens of the county shall be immediately affected, the fire chief shall immediately inform the chairperson of the EMS review committee of such violation and of the fire chief's inability to resolve the complaint within 24 hours of the lodging of the complaint. Violations of an emergency nature shall include a willful failure or refusal to maintain proper personnel and equipment in accordance with F.S. ch. 401 and Florida Administrative Code, Chapter 64E-2, rules of the department of health and rehabilitative services, and/or the standards adopted by the board from time to time. An emergency violation may also include a refusal to answer or respond to a request for aid when the provider to whom the request for aid is made has med units available to respond to the request for aid.

(c)

Other violations. In all other non-emergency violations, after the fire chief has informed the EMS review committee of the unresolved complaint in writing, the EMS review committee shall determine whether it finds reasonable grounds to believe the violation of the ordinance has occurred.

(d)

Prior to making any recommendation that a certificate be revoked or modified, the review committee shall notify the certificate holder with a list of violations or reasons for their recommendation to revoke or modify the certificate. The review committee shall also offer the applicant a due process opportunity to be heard on the asserted reasons for a proposed recommendation of revocation or modification prior to formalizing a recommendation to the board.

(e)

The board may approve, in whole or in part, modify or reject the EMS review committee's recommendations.

(Ord. No. 04-48, § 2, 11-30-04)