§ 11.8-20. Disposition of application for certificate.

Following receipt of the division's recommendation on the application for a certificate under this article, the board of county commissioners may consider the application at any regular or special meeting provided that:

(1)

The board of county commissioners shall consider the recommendations of the division, as well as any objections that have been filed. The board of county commissioners may call for a public hearing on the application if the circumstances warrant;

(2)

If the board of county commissioners determines that a public hearing is to be held on the application, the same parties that received notice in Section 11.8-19 shall be entitled to notice in addition to any person(s) who have filed written objections to the application, shall be entitled to reasonable notice of the hearing. Notice shall also be published in a newspaper of general circulation at least ten (10) days prior to the hearing.

(3)

If the board of county commissioners determines that a public hearing is not necessary under the circumstances, or following a public hearing if one is called, the board of county commissioners may issue a certificate to the applicant, authorizing the whole or any part of the operations covered by the application.

Prior to granting any certificate of public convenience and necessity, the board of county commissioners shall determine that the proposed service, to the extent to be authorized by the certificate, is or will be required by the present or future convenience or necessity, and that the applicant is financially and otherwise able to provide adequate and uninterrupted service at the times required and that applicant maintains an appropriate license from the state or will obtain the appropriate license by a date conditioned by the board of county commissioners. Proof of insurance, in amount to be determined by the board of county commissioners, must be submitted to the division prior to any applicant receiving a certificate, in order to protect the public from any personal injury or property damage arising out to [of] the applicant's operations.

Any certificate issued under this section shall contain, among other things, the following:

(1)

The name of the grantee;

(2)

The routes or the territory over which the grantee is permitted to operate at each of the levels of service covered;

(3)

A clause in which the grantee agrees to indemnify the county for any claims or losses arising out of its operations; and

(4)

Such additional terms, conditions and limitations as the board of county commissioners deems necessary or proper in the public interest, including, but not limited to, accepting Medicaid/Medicare patients or contracting with federal, state and local governments for the provision of services to Medicare/Medicaid patients.

(Ord. No. 12-029, § 10, 9-18-12)