§ 38-43. Application; issuance procedures.  


Latest version.
  • (a)

    No person shall operate any of the services as described in section 38-42 unless a certificate of public convenience and necessity (COPCN or certificate) is first obtained from the board of county commissioners.

    (b)

    Application for a certificate of public convenience and necessity shall be made on forms provided by the board of county commissioners and received during the county's application period, which begins on January 1 and ends on January 31 of each calendar year. The limited application period provided for under this section is specifically suspended for the calendar year 2014.

    (c)

    Each application for a certificate shall include the following:

    (1)

    The name, address and telephone number of the general manager, owner, officers and directors of the applicant.

    (2)

    The date of incorporation or formation of the business association.

    (3)

    If the applicant is a corporation, the type and number of shares outstanding and the names and addresses of shareholders.

    (4)

    The area which the applicant desires to serve and the category of certificate of public convenience and necessity being requested.

    (5)

    The addresses of the applicant's present and proposed base station location and all substations.

    (6)

    The names and certification numbers of all EMT's, paramedics, drivers or other attendants employed by the applicant.

    (7)

    The year, model, type, department of health and rehabilitative services permit number, motor vehicle or FAA license number and mileage of every ambulance, rescue vehicle, aircraft or other type of transporting or responding vehicle and more specifically, those vehicles to be used by the applicant to provide emergency medical transportation service within the county.

    (8)

    A description of the applicant's communication system, including its assigned frequency, call numbers, mobiles, portables, range and hospital communications ability.

    (9)

    The name of the municipalities and description of the geographical area that the applicant has been authorized to serve in the county, and other county in the state or any area outside of the state.

    (10)

    A sworn statement signed by the applicant or his authorized representative, stating that all the information provided by the applicant in the application is true an correct.

    (11)

    A list of equipment and supplies which will be routinely carried on each vehicle.

    (12)

    The county business tax receipt when applicable.

    (13)

    When applicable, a compilation statement showing assets and liabilities prepared by a certified public accountant.

    (14)

    Any other information as may be reasonably required by the advisory board or board.

    (d)

    Each application for a certificate of public convenience and necessity shall be submitted to the advisory board for review, in accordance with procedures established by resolution of the board of county commissioners.

    (e)

    For the purpose of review of applications or determination of the applicant's compliance, the board and advisory board or its designated representative shall be empowered to perform reasonable inspections of any item pertinent to this article.

    (f)

    The advisory board shall hold a public hearing for the purpose of considering all pending applications for a certificate. All applicants and all certificate holders shall be notified of the date, time and place of the public hearing. The notice shall be sent by certified mail, not less than 20 days prior to the public hearing.

    (g)

    At such hearing, the advisory board shall consider all applications and pertinent information and shall make its finding as to each applicant and shall determine whether the public convenience and necessity of the residents of the county would best be served by granting or denying such application.

    (h)

    Upon making such findings and determinations, the advisory board shall forward a recommendation to the board, for the granting, granting with conditions or denial of certificates.

    (i)

    The applicant shall be furnished a copy of the advisory board's recommendation to the board. The board of commissioners shall have the authority to accept or reject the advisory board's recommendations to grant or deny an application. If it elects to grant an application, the board shall also have the authority to add such additional terms or conditions on the certificate to be issued as it deems to be in the public interest to apply. The applicant and other interested persons shall be provided an opportunity to address the board at the time the application is considered by the board and before a final determination is made.

    (j)

    The initial certificate granted by the board to a service shall be valid for a two-year period. Subsequent certificates granted shall be valid for such periods of two years, unless otherwise revoked, suspended or modified.

(Code 1970, § 6¼-20; Ord. No. 84-02, § 5, 2-7-84; Ord. No. 06-16, § 1, 6-20-06; Ord. No. 14-27, § 2, 10-21-14)