36-2242. Temporary authority to operate in
urgent circumstances; application; application to provide
permanent service
A. If the director determines that there is an immediate and urgent need for
service to one or more points or within an area lacking adequate ambulance service, the
director may, at his discretion and without a hearing or other proceeding, grant an
ambulance service temporary authority to provide the needed service. The temporary
authority is valid for the period specified by the director, not to exceed ninety days,
and may not be renewed.
B. An applicant for temporary authority pursuant to this section shall submit to
the director a verified written statement setting forth the circumstances of the
immediate and urgent need for service. The director shall prescribe a temporary schedule
of rates and charges which shall not exceed rates and charges established by the director
for similar services.
C. The department may make an independent investigation to determine whether there
is an immediate and urgent need for the authority requested.
D. During the period of temporary authority, a person granted temporary authority
shall file an application for a certificate of necessity to conduct the service if he
intends to continue the service after the temporary authority expires. A grant of
temporary authority pursuant to this section does not create a presumption that permanent
authority for the service should be granted.
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