Spokane Municipal Code

Title 10 Regulation of Activities

Division II. License Code

Chapter 10.47 Emergency Medical Transport

Section 10.47.140 Enforcement

1. In addition to or as an alternative to enforcement provisions in this chapter, the operating permit issued under this chapter may be suspended or revoked for noncompliance or violation of any requirement of this chapter.

1. 1. The City of Spokane EMS board has the authority and responsibility to take enforcement action as provided by this section.

1. 2. Any complaint of noncompliance or violation of this chapter shall be made in writing to the City of Spokane EMS board by delivery to the Spokane County medical program director.

1. 3. Upon receipt of a complaint, the program director gives notice to the ambulance company that it is the subject of the complaint, together with a copy of the complaint, a citation of the section of this chapter that has been allegedly violated, and a request for an answer or response within ten calendar days.

2. If, based upon the complaint and the response, or in the event that no response is received, the City of Spokane EMS board finds that the complaint has probable substance, a hearing will be called for the determination of the facts.

1. 1. The operating permit may be suspended pending the results of the hearing if the City of Spokane EMS board determines that the areas of noncompliance are potentially life-threatening.

1. 2. The hearing will be called for a time no more than twenty calendar days after receipt of the ambulance company’s written response to the complaint or thirty calendar days after notice of the complaint is given to the ambulance company, whichever is sooner.

3. The hearing is before the City of Spokane EMS board and limited to ascertaining the facts specifically related to the alleged noncompliance or violation of this chapter.

1. 1. The hearing is recorded.

1. 2. All related communications recordings shall be provided by the ambulance company.

1. 3. Within five calendar days of the conclusion of the hearing, the City of Spokane EMS board may:

1. 1. 1. dismiss the complaint; or

1. 1. 2. if the ambulance company is found in noncompliance or violation, either:

1. 1. 1. 1. reprimand the ambulance company, or

1. 1. 1. 2. suspend or revoke the operating permit of the ambulance company, and

1. 1. 1. 3. order remedial or corrective action to be taken as deemed appropriate.

4. The ambulance company may appeal the decision or enforcement action of the City of Spokane EMS board to the Spokane city council.

1. 1. An appeal must be submitted to the city clerk within five calendar days of the written decision of the City of Spokane EMS board.

1. 2. The written appeal must set forth in detail the basis of the appeal.

1. 3. All appeals are considered by the city council at a public hearing.

1. 4. The appeal hearing shall be scheduled by the city clerk at the next open hearing date after receipt of the appeal which affords ten days’ notice to the appellant.

1. 5. The clerk shall give ten days’ notice to the appellant and the City of Spokane EMS board of the hearing date.

1. 6. All appeals shall be based upon a written transcript of the hearing before the City of Spokane EMS board as well as any documents submitted to the City of Spokane EMS board.

1. 7. The council will allow fifteen minutes to the appellant and the City of Spokane EMS board to address the appeal.

1. 8. No new testimony will be allowed.

1. 9. The council shall render a written decision within fourteen calendar days of its hearing.

1. 10. The council may affirm, overturn or remand the decision of the City of Spokane EMS board.

1. 11. Any decision of the city council may be appealed to a court of competent jurisdiction within thirty days of its written decision.

1. 12. The city clerk shall mail by certified mail, return receipt requested, a copy of the written decision to the appellant.

Date Passed: Monday, June 4, 2007

Effective Date: Wednesday, July 11, 2007

ORD C34041 Section 1 (Recodification)