<div class="chunk-title">Sec. 10-25. - Enforcement agency.</div>
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            <p class="incr0">
               (a)
               
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            <p class="content1">
               The Martin County Office of Emergency Medical Services shall be the enforcing agency
               for the regulations contained in this article and shall establish policies, procedures
               and standards for the evaluation of franchise applications.
               
            </p>
            		
            <p class="incr1">
               (1)
               
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            <p class="content2">
               Receive all applications for franchise and/or for elevated levels of service from
               potential providers.
               
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            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Study each application for conformance to this article.
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               With the approval of the council and the medical director, recommend to the board
               of commissioners the award of the franchise to the applicant if appropriate.
               
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            <p class="incr1">
               (4)
               
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            <p class="content2">
               Inspect the premises, vehicles, equipment, and personnel of franchisees to ensure
               compliance to this article and perform any other inspections that may be required.
               
            </p>
            		
            <p class="incr1">
               (5)
               
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            <p class="content2">
               With approval of the council, recommend to the board of commissioners the temporary
               or permanent suspension of a franchise in the event of non-compliance with the terms
               of the franchise ordinance.
               
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            <p class="incr1">
               (6)
               
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            <p class="content2">
               Ensure by cooperative agreement with other ambulance services the continued service
               in a district where an ambulance service franchise has been suspended.
               
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            <p class="incr1">
               (7)
               
            </p>
            		
            <p class="content2">
               Require and receive monthly reports from ambulance providers. Refer to<a href="" data-chunk-id="PTIICOOR_CH10EMSE_ARTIIAMSEFR_S10-37RERE" class="section-link" data-product-id="15271"> section 10-37</a>(a).
               
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            <p class="incr1">
               (8)
               
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            <p class="content2">
               Receive complaints from the public, other enforcing agencies and ambulance providers
               regarding franchisee infractions. Review the complaint with the council. Obtain recommended
               corrective action with the approval of the council.
               
            </p>
            		
            <p class="incr1">
               (9)
               
            </p>
            		
            <p class="content2">
               With the approval of the council, recommend improvements to the board of commissioners,
               which will ensure better medical transportation services.
               
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            <p class="incr1">
               (10)
               
            </p>
            		
            <p class="content2">
               Maintain all records required by this article and other applicable county regulations.
               
            </p>
            		
            <p class="incr0">
               (b)
               
            </p>
            		
            <p class="content1">
               Ensure due process as follows.
               
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            <p class="incr1">
               (1)
               
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            <p class="content2">
               Require written complaints filed against a franchisee be submitted to the Martin County
               Office of Emergency Medical Services.
               
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            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               At the council hearing, both sides will have an opportunity to present their case
               regarding the written complaint, in writing or in person.
               
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            <p class="incr1">
               (3)
               
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            <p class="content2">
               The council shall deliberate following the hearing, excluding any parties who were
               involved in the complaint.
               
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            <p class="incr1">
               (4)
               
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            <p class="content2">
               The decision of the council regarding the written complaint shall be sent by mail
               to all parties within 15 days of the hearing, including procedures for appeal.
               
            </p>
            		
            <p class="incr1">
               (5)
               
            </p>
            		
            <p class="content2">
               Upon receipt of the council's written decision, franchisee will have 15 days to send
               a written appeal to the board of commissioners.
               
            </p>
            		
            <p class="incr1">
               (6)
               
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            <p class="content2">
               Upon receipt of written appeal from franchisee, the board of commissioners shall render
               a decision in writing within 15 days of their monthly meeting. The decision, at their
               discretion, may include, but is not limited to, probation, suspension, fines, or termination.
               
            </p>
            		
            <p class="incr0">
               (c)
               
            </p>
            		
            <p class="content1">
               It shall be a violation of this article for anyone to file a frivolous complaint against
               any franchisee or any employee or representative of a franchisee, with the intent
               to cause a fine, suspension, probation, or termination of any ambulance franchise.
               
            </p>
            		
            <p class="incr0">
               (d)
               
            </p>
            		
            <p class="content1">
               Penalties shall be imposed by the Martin County Board of Commissioners for violations
               of or acts of non-compliance with any of the franchise terms of this article. Penalties
               may be imposed and fines collected by the Martin County Office of Emergency Medical
               Services. Penalties are as follows:
               
            </p>
            		
            <p class="incr1">
               (1)
               
            </p>
            		
            <p class="content2">
               First offense: fine of $500.00.
               
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            <p class="incr1">
               (2)
               
            </p>
            		
            <p class="content2">
               Second offense (if within one year of the first offense): fine of $1,000.00.
               
            </p>
            		
            <p class="incr1">
               (3)
               
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            <p class="content2">
               Third offense (if within one year of the second offense): shall cause the council
               to recommend to the board of commissioners the permanent termination of the franchise.
               A new application by the terminated franchisee shall not be accepted for a period
               of one year or a new franchise application period, whichever is greater.
               
            </p>
            		
            <p class="incr1">
               (4)
               
            </p>
            		
            <p class="content2">
               Penalties for any offense may include fines and suspension or probation. Termination
               of the franchise may be imposed by the recommendation of the council at the discretion
               of the board of commissioners.
               
            </p>
            		
            <p class="historynote0">
               (Ord. No. 2005-7, Â§ 1-105, 11-9-2005;
               <a class="ordinance-link" href="" data-product-id="15271" data-ordinance-id="849091">
                  Ord. of 9-13-2017(1)
                  </a>
               , 9-13-2017)
               
            </p></div>