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City of Portland

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16.40.705 NEMT Company Permit Application Standards for Approval and/or Denial and Certification Requirements.

A.  Application. An applicant for a NEMT Company permit shall submit to the Director:

1.  A completed application on a form supplied by the Director;

2.  Proof of registration with the Secretary of State for any corporate, LLC or LLP entity;

3.  Proof of registration with the Secretary of State for any assumed business name, along with a listing of the registrant of such;

4.  A list of all persons or entities with more than 10 percent stock ownership if the company issues stock certificates;

5.  If the applicant NEMT Company is individually owned, the name, business address (or home address if no business address), telephone number and date of birth of the owner;

6.  If the applicant NEMT Company is a corporation, partnership or other business entity, the names, business addresses, telephone numbers, and date of birth of the person or persons vested with authority to manage or direct the affairs of the legal entity in Portland (“Authorized Representative”) or to bind the legal entity in dealings with third parties, and any other information that the Director may reasonably require;

7.  The applicant NEMT Company’s Zero-Tolerance Drug Policy;

8.  The applicant NEMT Company's User Terms of Service;

9.  The applicant dispatch contact information, confirmation that dispatch is available 24 hours, seven days a week and if applicable, NEMT Dispatch App general use information;

10.  Contact information of the NEMT Company’s Agent of Service and Customer Service Support;

11.  A description and photo or rendering of the unique branding and exterior color scheme that the applicant NEMT Company proposes to use for its fleet of affiliated NEMT Vehicles;

12.  Company proposed fare rates, and;

13.  A nonrefundable application fee.

B.  All fines and penalties must be paid prior to issuing or reissuing a NEMT Company permit.

C.  Compliance with Secretary of State’s Rules. No permit will be issued unless the company is validly registered with the Secretary of State, including all assumed business names.

D.  Insurance. All NEMT Company permit holders shall comply with NEMT insurance requirements pursuant to Section 16.40.130. All NEMT Companies shall file a certificate of liability and applicable endorsements with the Director that evidences insurance coverage and terms that are in compliance with the requirements.

E.  Director Review Process. After receiving a completed NEMT Company application form and upon successful completion of all the requirements pursuant to Section 16.40.110, the Director shall review the application in order to make a recommendation to the Commissioner-in-Charge for approval or denial.

F.  Application Approval. Upon approval by the Commissioner-in-Charge, the Director may be directed to issue a NEMT Company permit.

G.  Application Denial. The Application shall be denied for any of the following:

1.  The NEMT Company applicant fails to submit all required information and documentation, including valid proof of insurance;

2.  The NEMT Company applicant provides dispatch services to anyone other than affiliated NEMT drivers meeting the requirements set forth in Chapter 16.40 without prior approval by the Director;

3.  The NEMT Company applicant leases, permits, or otherwise allows other entities not affiliated with the NEMT Company and certified by the Director to operate NEMT Services;

4.  The NEMT Company applicant affiliates with and provides dispatch services to drivers operating vehicles without NEMT Vehicle certification by the Director.

5.  The application has a material misstatement or omission; and

6.  The NEMT Company application is incomplete.

H.  Denial Appeal. If the application is denied, the applicant NEMT Company may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

I.  Providing NEMT Services. NEMT Services, as defined in OAR 410-136-3000, shall only be provided by a permitted NEMT Company.

J.  Certification of NEMT Drivers. The NEMT Company shall regularly provide a list of applicant drivers affiliated with the permitted NEMT for Director certification that drivers meet requirements in Section 16.40.170, on a form approved by the Director. Drivers shall be certified by the Director prior to providing NEMT Services on  behalf of the affiliated NEMT Company and NEMT Drivers not meeting all required conditions will not be certified as a permitted NEMT Driver and will not be allowed to operate as a NEMT Driver. Such requirements include:

1.  Criminal and Driver Background Checks;

2.  Automobile Liability Insurance;

3.  Valid Driver License;

4.  NEMT Driver Business License Number; and

5.  Driver training and testing within 30 calendar days of a NEMT Driver’s certification by the Director.

K.  Term of Certified NEMT Driver.  Certifications for NEMT Drivers provided by a NEMT Company to the Director shall be valid for one year from the date of the initial certification. The affiliated NEMT Company shall provide a re-certification to the Director within one month prior to the certification expiration on a form approved by the Director

L.  NEMT Driver Re-certification. The NEMT Company shall provide a list of applicant drivers for re-certification to the Director within one month prior to the NEMT Driver certification expiration, on a form approved by the Director. Applicant drivers shall meet all conditions and be consistent with NEMT Driver certification requirements pursuant to Section 16.40.100. Drivers not meeting all such conditions will not be re-certified as a NEMT Driver and shall not be allowed to operate as a NEMT Driver.

M.  Certification of NEMT Vehicles. The NEMT Company shall regularly provide a list of applicant vehicles affiliated with the permitted NEMT Company for Director certification that vehicles meet requirements pursuant to Sections 16.40.150 and 16.40.160 on a form approved by the Director. Vehicles shall be certified by the Director and affiliated with a permitted NEMT Company prior to providing NEMT Services. Vehicles not meeting all required conditions will not be certified as a permitted NEMT vehicle and will not be allowed to operate as a NEMT Vehicle. Such requirements include:

1.  Vehicle safety inspection;

2.  Vehicle registration and licensing;

3.  Vehicle condition;

4.  NEMT Company general liability and automobile liability insurance;

N.  Term of Certification of NEMT Vehicles. Certifications for NEMT Vehicles provided by the Director shall be valid for a term of one year from date of Director certification.

O.  NEMT Vehicle Re-certification. The NEMT Company shall provide a list of applicant vehicles for re-certification to the Director within one month prior to the NEMT Vehicle certification expiration, on a form approved by the Director. Applicant vehicles shall meet all conditions and be consistent with NEMT Vehicle certification requirements pursuant to Section 16.40.100 for re-certification. Vehicles not meeting all such conditions will not be re-certified as a NEMT Vehicle and shall not be allowed to operate as a NEMT Vehicle.

P.  Denial Appeal. If a NEMT Driver or NEMT Vehicle certification is denied, suspended or revoked by the Director, the applicant driver or vehicle owner may appeal the decision to the Code Hearings Officer under the provisions of Chapter 22.10.

Q.  Right to a Permit. The NEMT Company’s ability to satisfy the criteria for a NEMT Company permit does not create a right to a NEMT Company permit.

R.  Transferring Permits. Transferring permits shall be prohibited.

S.  Removal of NEMT Drivers and Vehicles from affiliated NEMT Company. NEMT Companies shall provide to the Director regular notification of affiliated NEMT Drivers that have been prohibited from providing NEMT Services by the affiliated NEMT Company and NEMT Vehicles that have been removed from the fleet of the affiliated NEMT Company.

T.  Operating at the Port of Portland. NEMT Companies, Drivers, and Vehicles are prohibited from operating at the Portland International Airport without specific permission or approval from the Port of Portland.