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A. Grounds. The issuance of an ambulance license to operate an ambulance company may be denied, or such license may be suspended or revoked by the license director upon recommendation of the fire chief, upon any of the following grounds:

1. The license was procured by fraud, false representation, or material omission of fact, or for the violation of or failure to comply with any provision of this chapter by the person holding such license, or any of the person’s servants, agents, or employees, while acting within the scope of their employment; or

2. The licensee violates or fails to comply with any provision of this chapter or any applicable city, state, or federal law, or the purpose for which the license was issued, or such license is used for a purpose different from that for which it was issued; or

3. Overcharging of customer rates set forth in the company’s schedule of rates filed with the license director or fraudulent billing; or

4. Failure to maintain ambulances and equipment to the standards set forth in Chapter 246-976 WAC.

B. Suspension—Revocation and Denial—Hearings and Appeals.

1. “Suspension” of a license means that the licensee’s privilege to operate the licensee’s business is barred for a specific period of time. A suspended license may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. The conditions of reinstatement will be determined by the license director as recommended by the fire chief.

2. “Revocation” of a license means that the license has been canceled. A licensee whose license has been revoked cannot have the license reinstated but must comply with all conditions of revocation including re-applying for a new license.

3. When the license director suspends or revokes an ambulance license, the license director shall first provide the licensee with a notice of proposed suspension/revocation which shall provide notification to the licensee that a hearing will be held on the revocation/suspension at a time or date determined by the license director. The notice of proposed suspension/revocation will be sent to the licensee at the address found on the licensee’s application. It is the licensee’s duty to keep the address information on the application current at all times. The license director will preside over the hearing. In the event the licensee fails to attend the hearing, the license will automatically be revoked/suspended. Any revocation/suspension will not be effective until the license director makes a determination following the hearing.

4. Notwithstanding subsection B.3 of this section, a license suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when this chapter requires a summary revocation/suspension or when the license director determines that it is in the best interest of the health, safety and/or welfare of the citizens of Everett to do so.

5. Within ten days following the date of revocation or suspension of any license issued pursuant to this chapter, or within ten days following the date of denial of any licensee regulated by this chapter, an appeal may be filed with the city’s hearing examiner which shall be the municipal court judge unless otherwise directed by the license director. Upon the timely filing of an appeal, the licensee shall be afforded a hearing before the city’s hearing examiner after notices as provided herein has been given. Said appeal shall be in writing and addressed to the city, “ATTENTION: License Director.” Notice of the time and date of such appeal hearing shall be given by delivering a copy of the notice to the holder of the license or by mailing a copy thereof to the holder at the holder’s last address as shown by the license director’s records which notice shall be mailed or delivered at least five days before the date fixed from the hearing. The city’s hearing examiner shall, within thirty days after the conclusion of such hearing, issue a decision as to the revocation, suspension or denial. Such decision of the city’s hearing examiner shall be final and conclusive as of the date set forth in the decision, unless within fifteen days from the effective date of the city’s hearing examiner’s order, an aggrieved person or persons obtain a writ of certiorari from the superior court of Washington for Snohomish County for purpose of review of the action taken.

C. The fire chief’s inspection reports shall be prima facie evidence of compliance or noncompliance with, or violation of, the provisions, standards and requirements provided herein.

D. Upon suspension, revocation, or termination of an ambulance license hereunder operations as such shall cease and no person shall permit continued operation. (Ord. 2308-98 § 10, 1998.)