36-2245

36-2245. Investigations; dispute resolution;
informal interviews; hearings; stipulations; judicial review;
civil penalty

A. The department may conduct an investigation into the operation of ambulances and
ambulance services.

B. Proceedings under this section may be initiated by the department.

C. If the department receives a written and signed statement of dissatisfaction or
dispute of charges or any matter relating to the regulation of ambulance services, the
customer is deemed to have filed an informal complaint against the ambulance service.
Within fifteen days of receipt of the complaint, a designated representative of the
department shall inform the ambulance service that an informal complaint has been filed,
state the nature of the allegations made, specify the purported rule violation and
identify specific records relating to the purported rule violation that the ambulance
service shall provide to the department. The ambulance service shall comply with the
request for records in a timely manner.

D. Within forty-five days of receipt of the records, the department shall determine
if the complaint is nonsubstantive or substantive.

E. If the department determines that a complaint filed pursuant to this section is
nonsubstantive it shall render a written decision to all parties within five days of that
determination. The complainant may make a formal complaint to the department if the
complainant disagrees with the department's decision. If the nonsubstantive complaint
involves rates and charges, a designated representative of the department shall attempt
to resolve the dispute by correspondence or telephone with the ambulance service and the
customer.

F. If the department determines that a complaint filed pursuant to this section is
substantive the complaint becomes a formal complaint. The department shall inform the
ambulance service that the initial investigation was substantive in nature and may
warrant action pursuant to this article. The department shall inform the ambulance
service of the specific rule violation and shall allow the ambulance service thirty days
to answer the complaint in writing.

G. The department may issue a written request for an informal interview with the
ambulance service if the department believes that the evidence indicates that grounds for
action exist. The request shall state the reasons for the interview and shall schedule an
interview at least ten days from the date that the department sends the request for an
interview.

H. If the department determines that evidence warrants action or if the ambulance
service refuses to attend the informal interview, the director shall institute formal
proceedings and hold a hearing pursuant to title 41, chapter 6, article 10.

I. If the department believes that a lesser disciplinary action is appropriate, the
department may enter into a stipulated agreement with the ambulance service. This
stipulation may include a civil penalty as provided under subsection J of this section.

J. In addition to other disciplinary action provided under this section, the
director may impose a civil penalty of not more than three hundred fifty dollars for each
violation of this chapter that constitutes grounds to suspend or revoke a certificate of
necessity. This penalty shall not exceed fifteen thousand dollars. Each day that a
violation occurs constitutes a separate offense. The director shall deposit, pursuant to
sections 35-146 and 35-147, all monies collected under this subsection in the emergency
medical services operating fund established under section 36-2218.

K. The director may suspend a certificate of necessity without holding a hearing if
the director determines that the certificate holder has failed to pay a civil penalty
imposed under this section. The director shall reinstate the certificate of necessity
when the certificate holder pays the penalty in full.

L. Except as provided in section 41-1092.08, subsection H, a final decision of the
department pursuant to this section is subject to judicial review pursuant to title 12,
chapter 7, article 6.

M. Information, documents and records received by the department or prepared by the
department in connection with an investigation that is conducted pursuant to this article
that relates to emergency medical technicians are confidential and are not subject to
public inspection or civil discovery. When the investigation has been completed and the
investigation file has been closed, the results of the investigation and the decision of
the department shall be available to the public.