§ 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 the director's discretion and without a hearing or other proceeding, grant an ambulance service, fire department, fire district or fire authority 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 be extended for one additional ninety-day period.

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 applicant must demonstrate that the service provided under the temporary authority will be in appropriately equipped vehicles designed for patient transport and staffed with appropriately certified personnel for patient care. The director shall prescribe a temporary schedule of rates and charges that do 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 the person 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.