§ 3½-11. Hearing procedures for Review Committee.

(a)

The director of the trauma management agency shall cause such investigation to be made as deemed appropriate of any and all complaints received concerning the services of EMS providers or nonemergency medical transportation service providers operating in Broward County. If the director of the trauma management agency determines that there are reasonable grounds to believe a violation of Chapter 3½ has occurred, the director may cause to be served upon the EMS provider or nonemergency medical transportation service provider a notice of hearing stating the charges and the time and place of said hearing. The director of the trauma management agency shall provide the alleged violator with no less than seven (7) days, excluding Saturdays, Sundays, and legal holidays, written notice of the time, date, and place of the hearing. Said time period shall commence from the date of the mailing of said notice. The notice of hearing shall be sent by certified mail return receipt requested, addressed to the last-known address of the EMS provider or nonemergency medical transportation service provider. All hearings shall be open to the public and advertised as provided by law. Minutes shall be kept at each hearing.

(b)

In any hearing before the review committee, irrelevant, immaterial or duly repetitious evidence shall be excluded. All other evidence of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or not such evidence would be admissible in a trial in the courts of Florida.

(c)

Each party shall have the right to be represented by counsel, to call and examine witnesses, to introduce exhibits, to examine opposing witnesses on any relevant matter, even though the matter was not covered under direct examination, and to impeach any witness regardless of which party first called the witness to testify.

(d)

If after an evidentiary hearing the review committee finds that revocation, suspension or modification of the certificate or license is warranted, the review committee shall submit to the board of county commissioners its recommendation consisting of findings of fact, conclusions of law and recommendations.

(e)

The board of county commissioners may adopt the recommended order as its final order. The board of county commissioners may reject or modify the conclusions of law and recommend final action, but may not reject or modify the findings of fact unless it first determines from a review of the complete record and states with particularity in its final order that the findings of fact were not based on competent substantial evidence or that the proceedings in which the findings were based did not comply with the essential requirements of law.

(f)

Appeal from the decision of the board of county commissioners shall be by certiorari to the circuit court in accordance with the Florida rules of appellate procedure.

(Ord. No. 82-69, § 1, 12-16-82; Ord. No. 84-10, § 11, 2-16-84; Ord. No. 88-15, § 4, 4-12-88; Ord. No. 93-12, § 6, 6-8-93; Ord. No. 2008-37, § 1. 9-9-08)