Section 3012. Enforcement

1.  Any  ambulance  service or advanced life
  support first response service certificate issued  pursuant  to  section
  three  thousand  five of this article may be revoked, suspended, limited
  or  annulled  by  the  department  upon  proof  that  the  operator   or
  certificate  holder  or  one  or  more  enrolled  members or one or more
  persons in his employ:
    (a) has been guilty of misrepresentation in obtaining the  certificate
  or  in  the  operation of the ambulance service or advanced life support
  first response service; or
    (b) has not been competent in the operation  of  the  service  or  has
  shown  inability to provide adequate ambulance services or advanced life
  support first response service; or
    (c) has failed to pay  the  biennial  certification  fee  as  required
  except  in  the  case  of  any  voluntary ambulance service or voluntary
  advanced life support first response service; or
    (d) has failed to file any report required by the provisions  of  this
  article or the rules and regulations promulgated thereunder; or
    (e)  has  violated  or  aided  and  abetted  in  the  violation of any
  provision of this article, the  rules  and  regulations  promulgated  or
  continued thereunder, or the state sanitary code; or
    (f)  had  discontinued operations for a period in excess of one month;
  or
    (g) a voluntary ambulance service or voluntary advanced  life  support
  first  response service has failed to meet the minimum staffing standard
  and has not been issued an exemption, except that such certificate shall
  not be suspended or  revoked  unless  the  commissioner  finds  that  an
  adequate alternative service exists. The commissioner shall consider the
  recommendation  of  the  regional  emergency medical services council in
  making a finding; or
    (h) an ambulance service operating for profit has failed to  meet  the
  minimum staffing standard; or
    (i)  has  been  convicted  of  a crime or pleaded nolo contendere to a
  felony charge involving murder,  manslaughter,  assault,  sexual  abuse,
  theft,  robbery,  fraud,  embezzlement,  drug  abuse,  or sale of drugs,
  unless the commissioner finds that such conviction does not  demonstrate
  a present risk or danger to patients or the public; or
    (j)  is  or  was  subject  to  a state or federal administrative order
  relating to fraud or embezzlement, unless the  commissioner  finds  that
  such  order does not demonstrate a present risk or danger to patients or
  the public.
    2. Proceedings under this section may  be  initiated  by  any  person,
  corporation, association, or public officer, or by the department by the
  filing  of written charges with the department.  Whenever the department
  seeks revocation or suspension of a certificate of an ambulance  service
  or  an  advanced  life  support  first  response  service, a copy of the
  charges shall be referred to the appropriate regional council for review
  and  recommendation  to  the  department  prior  to  a   hearing.   Such
  recommendation  shall  include  a determination as to whether the public
  need  would  be  served  by  a  revocation,  suspension,  annulment   or
  limitation. If there is no appropriate regional council established, the
  state   council  shall  make  such  determination  and  present  to  the
  department its recommendations.
    3. No certificate shall be revoked,  suspended,  limited  or  annulled
  without  a  hearing. However, a certificate may be temporarily suspended
  without a hearing and without the approval of the  appropriate  regional
  council  or state council for a period not in excess of thirty days upon
  notice to the certificate holder following a finding by  the  department
  that the public health, safety or welfare is in imminent danger.

    4. The commissioner shall fix a time and place for the hearing. A copy
  of  the  charges  and  the  recommendations  of the appropriate regional
  council or state council together with the notice of the time and  place
  of  the hearing, shall be mailed to the certificate holder by registered
  or certified mail, at the address specified on the certificate, at least
  fifteen  days  before  the  date  fixed for the hearing. The appropriate
  regional council may be a party to such hearing. The certificate  holder
  may  file  with  the  department,  not  less than five days prior to the
  hearing, a written answer to the charges.