(1) A municipality shall comply with the provisions of this section if the municipality is licensed under this chapter and desires to provide service to an area that is:

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Terms Used In Utah Code 53-2d-514

  • Adjudicative proceeding: means :
         (2)(a) an action by a board, commission, department, officer, or other administrative unit of the state that determines the legal rights, duties, privileges, immunities, or other legal interests of one or more identifiable persons, including an action to grant, deny, revoke, suspend, modify, annul, withdraw, or amend an authority, right, or license; and
         (2)(b) judicial review of an action described in Subsection (2)(a). See Utah Code 68-3-12.5
  • Bureau: means the Bureau of Emergency Medical Services created in Section 53-2d-102. See Utah Code 53-2d-101
  • Emergency medical services: means :
         (15)(a) medical services;
         (15)(b) transportation services;
         (15)(c) behavioral emergency services; or
         (15)(d) any combination of the services described in Subsections (15)(a) through (c). See Utah Code 53-2d-101
  • Level of service: means the level at which an ambulance provider type of service is licensed as:
         (19)(a) emergency medical technician;
         (19)(b) advanced emergency medical technician; or
         (19)(c) paramedic. See Utah Code 53-2d-101
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
     (1)(a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation; and
     (1)(b) currently serviced by another provider licensed under this chapter.
(2)

     (2)(a)

          (2)(a)(i) At least 45 days prior to approving a petition for annexation, the municipality shall certify to the bureau that by the time of the approval of the annexation the municipality can meet or exceed the current level of service provided by the existing licensee for the annexed area by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
          (2)(a)(ii) no later than three business days after the municipality files a petition for annexation in accordance with Section 10-2-403, provide written notice of the petition for annexation to:

               (2)(a)(ii)(A) the existing licensee providing service to the area included in the petition of annexation; and
               (2)(a)(ii)(B) the bureau.
     (2)(b)

          (2)(b)(i) After receiving a certification under Subsection (2)(a), but prior to the municipality approving a petition for annexation, the bureau may audit the municipality only to verify the requirements of Subsections (2)(b)(ii)(A) through (D).
          (2)(b)(ii) If the bureau elects to conduct an audit, the bureau shall make a finding that the municipality can meet or exceed the current level of service provided by the existing licensee for the annexed area if the bureau finds that the municipality has or will have by the time of the approval of the annexation:

               (2)(b)(ii)(A) adequate trained personnel to deliver basic and advanced life support services;
               (2)(b)(ii)(B) adequate apparatus and equipment to deliver emergency medical services;
               (2)(b)(ii)(C) adequate funding for personnel and equipment; and
               (2)(b)(ii)(D) appropriate medical controls, such as a medical director and base hospital.
          (2)(b)(iii) The bureau shall submit the results of the audit in writing to the municipal legislative body.
(3)

     (3)(a) If the bureau audit finds that the municipality meets the requirements of Subsection (2)(b)(ii), the bureau shall issue an amended license to the municipality and all other affected licensees to reflect the municipality’s new boundaries after the bureau receives notice of the approval of the petition for annexation from the municipality in accordance with Section 10-2-425.
     (3)(b)

          (3)(b)(i) Notwithstanding the provisions of Subsection 63G-4-102(2)(k), if the bureau audit finds that the municipality fails to meet the requirements of Subsection (2)(b)(ii), the municipality may request an adjudicative proceeding under the provisions of Title 63G, Chapter 4, Administrative Procedures Act. The municipality may approve the petition for annexation while an adjudicative proceeding requested under this Subsection (3)(b)(i) is pending.
          (3)(b)(ii) The bureau shall conduct an adjudicative proceeding when requested under Subsection (3)(b)(i).
          (3)(b)(iii) Notwithstanding the provisions of Sections 53-2d-504 through 53-2d-509, in any adjudicative proceeding held under the provisions of Subsection (3)(b)(i), the bureau bears the burden of establishing that the municipality cannot, by the time of the approval of the annexation, meet the requirements of Subsection (2)(b)(ii).
     (3)(c) If, at the time of the approval of the annexation, an adjudicative proceeding is pending under the provisions of Subsection (3)(b)(i), the bureau shall issue amended licenses if the municipality prevails in the adjudicative proceeding.
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