§ 2-3-49. Application.

(a)

Form. The original application for a certificate shall be made on forms approved by the board and to be made available at the county administrator's office. The application shall contain all information required by the board and shall include at least the following:

(1)

The names, business addresses and experience of both the operator(s) and the owner(s) of the proposed service. If either the owner(s) or operator(s) are part of a corporate entity, the names and addresses of the officers, directors or controlling shareholders of any such corporation must be provided;

(2)

The type(s) of service as described in section 2-3-47 that the applicant wishes to provide;

(3)

A statement describing, with reasonable certainty, the geographical area proposed to be served;

(4)

A statement of facts showing the need for the proposed service;

(5)

A description of each vehicle to be used in the applicant's operations, including the make, model, mileage, all vehicle identification and registration numbers and such further information as may be required by the board;

(6)

Verification that all of the staffing requirements of this article and of state law will be met. Such verification may require submittal of the names, addresses and certification of all personnel proposed to be employed;

(7)

The addresses and description of each of the locations from which an applicant will operate and the hours of operation and staffing that are proposed for each location;

(8)

A proposed schedule of rates, fares and charges, if any;

(9)

An agreement by the applicant to comply with all state laws and county ordinances; and

(10)

Such other reasonable information as may be required by the board, including, but not limited to, verification of financial responsibility.

(b)

Investigation; notice.

(1)

Upon filing the fee in the amount to cover necessary expenses for processing of the application, to be set by resolution by the county commission, the county administrator shall make an investigation into the application, including verification of proper inspection of vehicles and qualification and number of personnel. The county administrator shall also investigate the public need for the proposed service and the geographical area involved. The county administrator, in making such investigations, may solicit advice and information from, but not limited to, the following: Area hospitals, clinics, physicians, any other area health care providers, the director and personnel of the county health department and area fire and law enforcement agencies. The county administrator, in making such investigation, shall give notice to any providers at any of the levels of service proposed who are serving any part of the route proposed to be served by the applicant. Notice shall also be given to any city in which the applicant proposes to operate;

(2)

The notice shall be by registered mail, return receipt requested, and shall contain a brief summary of the type and level of service proposed, the geographical area or route to be served and a statement that written objections stating the reason therefor may be filed with the county administrator within thirty (30) days of the date of the receipt of the notice. Further notice shall be provided the public by publishing the fact of such application in a newspaper of general circulation within the county, indicating where further information on the application is available and stating that any person who may be substantially affected by the proposed operation may, within thirty (30) days of the date of publication, file a written objection to the application, specifying both the reason for the objection and the substantial interest, with the county administrator;

(3)

Within forty (40) to sixty (60) days after all of the required notices have been mailed and published, the county administrator shall conclude his investigation and file a written recommendation with the board to either grant or deny the application and, if the recommendation is to grant the application, the conditions, if any, attaching to the grant. All recommendations shall be in writing and shall state in detail the reasons therefor. A copy of the recommendation shall be sent to the applicant by registered mail, return receipt requested, within five (5) days of the filing of the recommendation. The board shall take action to grant or deny the application within sixty (60) days after receiving the administrator's recommendation. Failure of the board to act within sixty (60) days shall be considered a grant of the application for a certificate.

(Ord. No. 84-03, § 4, 2-14-84)