§ 11.8-21. Temporary authority to provide services.

In order to provide service for which there is an immediate and urgent need in a particular area or route that is not adequately covered by certificated providers, the board of county commissioners may at its discretion:

(a)

Grant to a provider with the appropriate license the temporary authority to service the particular area or route for such period of time as the board of county commissioners may specify, not to exceed ninety (90) days. This temporary emergency authority may be granted without notice and hearing, although the division and the board of county commissioners may develop and adopt rules governing the procedure for applications for emergency temporary authority.

(b)

Grant temporary authority for such service in conjunction with an application for permanent authority. Such temporary authority, unless suspended or revoked for good cause, shall be valid for such time as the board of county commissioners may specify, not to exceed one hundred eighty (180) days.

Following the expiration of any temporary approval granted under this subsection, the board of county commissioners may extend the temporary authority for a specified period, or until such time as an application for permanent authority is approved, provided that adequate service is not otherwise available to the area, and further provided that the provider is determined to be in compliance with all applicable laws and regulations.

If necessary, the division and the board of county commissioners will develop and adopt regulations and procedures for applications for temporary authority, in order to ensure that adequate notice is provided to interested persons. The granting of temporary authority will not create a presumption that permanent authority will be granted at a later date.

(Ord. No. 12-029, § 11, 9-18-12)