§ 12-48. Notice of hearings; issuance criteria; appeals.

(a)

The board of county commissioners, through the DPS shall provide at least twenty (20) days advance notice of public hearings on applications for permits required by the provisions of this division to all applicants and all permit holders by certified mail, which shall be deemed delivered when forwarded by the board of county commissioners to the applicant's or holder's address as shown on its permit or application as filed with the board of county commissioners. The board of county commissioners, after such public hearing, by motion, may issue or refuse to issue the permit as applied for, or may issue a permit with such modifications or upon such terms and conditions as in its judgment public convenience and necessity may require. In reaching its determination, the board of county commissioners shall consider the application, and all matter presented at the public hearing, and among others, the following criteria:

(1)

The ability of the applicant to provide the proposed services.

(2)

The adequacy of the management plan of the applicant.

(3)

The benefits that will accrue to the public interest from the proposed service.

(b)

Each motion approving an application shall specify that a permit to operate a single nonemergency vehicle has been authorized thereby. If more than one (1) vehicle is included in applicant's permit application, each such vehicle shall be described in the motion. Aggrieved parties may appeal an adverse determination to the circuit court by common law certiorari. Rendition shall be deemed to occur when the board of county commissioners approves the minutes of motion sought to be reviewed. The applicant shall be joined as a party to any such appeal.

(Ord. No. 89-8, § 4(C))