12VAC5-31-230. Revocation of a license, permit or certificate.
A. The commissioner may revoke an EMS license, permit, certificate, endorsement, or designation after a hearing or waiver thereof.
1. Reasonable cause for revocation must exist before such action by the commissioner.
2. The commissioner may revoke an EMS agency license, EMS vehicle permit, vehicle permit, certification, endorsement or designation for failure to adhere to the standards set forth in these regulations.
3. The commissioner may revoke an EMS agency license, an EMS vehicle permit, or EMS personnel certificate for violation of a correction order or for engaging in or aiding, abetting, causing, or permitting any act prohibited by these regulations.
4. The commissioner may revoke an EMS training certificate for failure to adhere to the standards as set forth in these regulations or for lack of competence at such level as evidenced by lack of basic knowledge or skill, or for incompetent or unwarranted acts inconsistent with the standards in effect for the level of certification concerned.
5. The commissioner may revoke an EMS agency license for violation of federal or state laws resulting in a civil monetary penalty.
B. Revocation of an EMS agency license shall result in the simultaneous and concurrent revocation of vehicle permits.
C. The commissioner will notify the holder of a license, certification, endorsement or designation of the intent to revoke by signed receipt in person or certified mail to his last known address.
D. The holder of a license, certification, endorsement or designation will have the right to a hearing.
1. If the holder of a license, certification, endorsement or designation desires to exercise his right to a hearing, he must notify the Office of EMS in writing of his intent within 10 days of receipt of notification. In such cases, a hearing must be conducted and a decision rendered in accordance with the Administrative Process Act.
2. Should the holder of a license, certification, endorsement or designation fail to file such notice, he will be deemed to have waived the right to a hearing. In such case, the commissioner may revoke the license or certificate.
E. A revocation takes effect immediately upon receipt of notification unless otherwise specified. A revocation order is permanent unless and until overturned on appeal.
F. The holder of a license, certification, endorsement or designation shall abide by any notice of revocation and shall return all revoked licenses, permits and certificates to the Office of EMS within 10 days of receipt of the notification of revocation.
G. The Office of EMS may invoke any procedures set forth in this part to enforce the revocation.
Statutory Authority
§§ 32.1-12 and 32.1-111.4 of the Code of Virginia.
Historical Notes
Derived from Virginia Register Volume 19, Issue 3, eff. January 15, 2003; amended, Virginia Register Volume 23, Issue 6, eff. December 13, 2006; Virginia Register Volume 29, Issue 1, eff. October 10, 2012.