Superseded 7/1/2024)

Superseded 7/1/2024
26B-4-158.  Non-911 provider — Finding of meritorious complaint — Request for proposals.

(1) 

Terms Used In Utah Code 26B-4-158

  • Adjudicative proceeding: means :Utah Code 68-3-12.5
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Political subdivision: means :
(a) a city, town, or metro township;
(b) a county;
(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);
(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;
(e) areas coming together as described in Subsection 26B-4-156(2)(b)(ii); or
(f) an interlocal entity under Title 11, Chapter 13, Interlocal Cooperation Act. See Utah Code 26B-4-101
(a)  This section applies to a non-911 provider license under this part.

(b)  The department shall, in accordance with Subsections (3) and (4):

(i)  receive a complaint about a non-911 provider;

(ii)  determine whether the complaint has merit;

(iii)  issue a finding of:

(A)  a meritorious complaint; or

(B)  a non-meritorious complaint; and

(iv)  forward a finding of a meritorious complaint to the governing body of the political subdivision:

(A)  in which the non-911 provider is licensed; or

(B)  that provides the non-911 services, if different from Subsection (1)(b)(iv)(A).

(2) 

(a)  A political subdivision that receives a finding of a meritorious complaint from the department:

(i)  shall take corrective action that the political subdivision determines is appropriate; and

(ii)  shall, if the political subdivision determines corrective action will not resolve the complaint or is not appropriate:

(A)  issue a request for proposal for non-911 service in the geographic service area if the political subdivision will not respond to the request for proposal; or

(B) 

(I)  make a finding that a request for proposal for non-911 services is appropriate and the political subdivision intends to respond to a request for proposal; and

(II)  submit the political subdivision’s findings to the department with a request that the department issue a request for proposal in accordance with Section 26B-4-159.

(b) 

(i)  If Subsection (2)(a)(ii)(A) applies, the political subdivision shall issue the request for proposal in accordance with Sections 26B-4-155 through 26B-4-157.

(ii)  If Subsection (2)(a)(ii)(B) applies, the department shall issue a request for proposal for non-911 services in accordance with Section 26B-4-159.

(3)  The department shall make a determination under Subsection (1)(b) if:

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

(i)  a hospital;

(ii)  a health care facility;

(iii)  a political subdivision; or

(iv)  an individual; and

(b)  the department determines, in accordance with Subsection (1)(b), that the complaint has merit.

(4) 

(a)  If the department receives a complaint under Subsection (1)(b), the department shall request a written response from the non-911 provider concerning the complaint.

(b)  The department shall make a determination under Subsection (1)(b) based on:

(i)  the written response from the non-911 provider; and

(ii)  other information that the department may have concerning the quality of service of the non-911 provider.

(c) 

(i)  The department’s determination under Subsection (1)(b) is not subject to an adjudicative proceeding under Title 63G, Chapter 4, Administrative Procedures Act.

(ii)  The department shall adopt administrative rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to implement the provisions of Subsection (1)(b).

Renumbered and Amended by Chapter 307, 2023 General Session

  Previous section
Next section  
 Part 1 Contents