26-8a-414 - Annexations.
26-8a-414. Annexations.
(1) A municipality shall comply with the provisions of this section if the municipality islicensed under this chapter and desires to provide service to an area that is:
(a) included in a petition for annexation under Title 10, Chapter 2, Part 4, Annexation;and
(b) currently serviced by another provider licensed under this chapter.
(2) (a) (i) At least 45 days prior to approving a petition for annexation, the municipalityshall certify to the department that by the time of the approval of the annexation the municipalitycan meet or exceed the current level of service provided by the existing licensee for the annexedarea by meeting the requirements of Subsections (2)(b)(ii)(A) through (D); and
(ii) no later than three business days after the municipality files a petition for annexationin accordance with Section 10-2-403, provide written notice of the petition for annexation to:
(A) the existing licensee providing service to the area included in the petition ofannexation; and
(B) the department.
(b) (i) After receiving a certification under Subsection (2)(a), but prior to themunicipality approving a petition for annexation, the department may audit the municipality onlyto verify the requirements of Subsections (2)(b)(ii)(A) through (D).
(ii) If the department elects to conduct an audit, the department shall make a finding thatthe municipality can meet or exceed the current level of service provided by the existing licenseefor the annexed area if the department finds that the municipality has or will have by the time ofthe approval of the annexation:
(A) adequate trained personnel to deliver basic and advanced life support services;
(B) adequate apparatus and equipment to deliver emergency medical services;
(C) adequate funding for personnel and equipment; and
(D) appropriate medical controls, such as a medical director and base hospital.
(iii) The department shall submit the results of the audit in writing to the municipallegislative body.
(3) (a) If the department audit finds that the municipality meets the requirements ofSubsection (2)(b)(ii), the department shall issue an amended license to the municipality and allother affected licensees to reflect the municipality's new boundaries after the department receivesnotice of the approval of the petition for annexation from the municipality in accordance withSection 10-2-425.
(b) (i) Notwithstanding the provisions of Subsection 63G-4-102(2)(k), if the departmentaudit finds that the municipality fails to meet the requirements of Subsection (2)(b)(ii), themunicipality may request an adjudicative proceeding under the provisions of Title 63G, Chapter4, Administrative Procedures Act. The municipality may approve the petition for annexationwhile an adjudicative proceeding requested under this Subsection (3)(b)(i) is pending.
(ii) The department shall conduct an adjudicative proceeding when requested underSubsection (3)(b)(i).
(iii) Notwithstanding the provisions of Sections 26-8a-404 through 26-8a-409, in anyadjudicative proceeding held under the provisions of Subsection (3)(b)(i), the department bearsthe burden of establishing that the municipality cannot, by the time of the approval of theannexation, meet the requirements of Subsection (2)(b)(ii).
(c) If, at the time of the approval of the annexation, an adjudicative proceeding is
pending under the provisions of Subsection (3)(b)(i), the department shall issue amended licensesif the municipality prevails in the adjudicative proceeding.
Amended by Chapter 382, 2008 General Session