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Terms Used In Utah Code 53-2d-505.4

  • 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
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
  • Political subdivision: means :
         (25)(a) a city or town;
         (25)(b) a county;
         (25)(c) a special service district created under Title 17D, Chapter 1, Special Service District Act, for the purpose of providing fire protection services under Subsection 17D-1-201(9);
         (25)(d) a special district created under Title 17B, Limited Purpose Local Government Entities - Special Districts, for the purpose of providing fire protection, paramedic, and emergency services;
         (25)(e) areas coming together as described in Subsection Utah Code 53-2d-101
     (1)(a) This section applies to a non-911 provider license under this chapter.
     (1)(b) The bureau shall, in accordance with Subsections (3) and (4):

          (1)(b)(i) receive a complaint about a non-911 provider;
          (1)(b)(ii) determine whether the complaint has merit;
          (1)(b)(iii) issue a finding of:

               (1)(b)(iii)(A) a meritorious complaint; or
               (1)(b)(iii)(B) a non-meritorious complaint; and
          (1)(b)(iv) forward a finding of a meritorious complaint to the governing body of the political subdivision:

               (1)(b)(iv)(A) in which the non-911 provider is licensed; or
               (1)(b)(iv)(B) that provides the non-911 services, if different from Subsection (1)(b)(iv)(A).
(2)

     (2)(a) A political subdivision that receives a finding of a meritorious complaint from the bureau shall take corrective action that the political subdivision determines is appropriate.
     (2)(b) A political subdivision that determines corrective action will not resolve the complaint or is not appropriate shall:

          (2)(b)(i) subject to Subsection (2)(c), issue a request for proposal for non-911 service in the geographic service area; or
          (2)(b)(ii)

               (2)(b)(ii)(A) make a finding that a request for proposal for non-911 services is appropriate; and
               (2)(b)(ii)(B) submit the political subdivision’s findings to the bureau with a request that the bureau issue a request for proposal in accordance with Section 53-2d-505.5.
     (2)(c) A political subdivision that issues a request for proposal under Subsection (2)(b)(i):

          (2)(c)(i) may not respond to the request for proposal; and
          (2)(c)(ii) shall issue the request for proposal in accordance with Sections 53-2d-505.1 through 53-2d-505.3.
     (2)(d) If a political subdivision submits a request to the bureau described in Subsection (2)(b)(ii), the bureau shall issue a request for proposal for non-911 services in accordance with Section 26B-4-159.
(3) The bureau shall make a determination under Subsection (1)(b) if:

     (3)(a) the bureau receives a written complaint from any of the following in the geographic service area:

          (3)(a)(i) a hospital;
          (3)(a)(ii) a health care facility;
          (3)(a)(iii) a political subdivision; or
          (3)(a)(iv) an individual; and
     (3)(b) the bureau determines, in accordance with Subsection (1)(b), that the complaint has merit.
(4)

     (4)(a) If the bureau receives a complaint under Subsection (1)(b), the department shall request a written response from the non-911 provider concerning the complaint.
     (4)(b) The bureau shall make a determination under Subsection (1)(b) based on:

          (4)(b)(i) the written response from the non-911 provider; and
          (4)(b)(ii) other information that the department may have concerning the quality of service of the non-911 provider.
     (4)(c)

          (4)(c)(i) The bureau’s determination under Subsection (1)(b) is not subject to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.
          (4)(c)(ii) The bureau shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of Subsection (1)(b).
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