(Amended by Ordinance No. 188972, effective June 29, 2018.)
A. Application. An applicant for an NEMT Company permit shall annually 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 and non-discrimination policy;
8. The applicant NEMT Company’s user terms of service;
9. Contact information of the NEMT Company’s agent of service and customer service support; and
10. A non-refundable application fee.
B. All fines and penalties must be paid prior to issuing or reissuing an 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 16.40.730. 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 16.40.710, 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 an 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. When providing service within the City of Portland, 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. When providing service within the City of Portland, 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. When providing services within the City of Portland, 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 be provided only 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 16.40.770, on a form approved by the Director. Drivers shall be certified and permitted by the Director prior to providing NEMT Services on behalf of the affiliated NEMT Company. NEMT Drivers not meeting all required conditions will not be certified as a permitted NEMT Driver and will not be allowed to operate as an NEMT Driver. Such requirements include the following:
1. A local and national criminal background check and driving history review of all drivers shall be conducted annually on behalf of the affiliated NEMT Company by a third party accredited by the National Association of Professional Background Screeners that shall include:
a. A Social Security trace including all aliases for the past 10 years;
b. County, state, and national criminal record searches for all aliases for the past 10 years. The primary source search must be performed in a multi- state/multi-jurisdiction criminal records locator or other similar commercial nationwide database with validation (primary source search);
c. A National Sex Offender Registry search; and
d. All motor vehicle records associated with the applicant driver for the past 5 years available pursuant to records laws of each state.
2. A valid driver’s license.
3. An NEMT Driver business license number when operating as an independent contractor.
4. Successful completion of all Director-approved driver training and testing within 30 days of providing NEMT Service, and successful completion of any additional training and testing must be completed within 30 days of release by the Director.
5. Meets all requirements outlined in the Oregon Administrative Rule Section 410-141-3440 for NEMT Drivers.
K. Term of Certified NEMT Driver. Certifications for NEMT Drivers provided by an NEMT Company to the Director shall be valid for 1 year from the date of the initial certification. The affiliated NEMT Company shall provide a re-certification to the Director within 1 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 1 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 16.40.770. Drivers not meeting all such conditions will not be re-certified as an NEMT Driver and shall not be allowed to operate as an 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 16.40.750 and 16.40.760 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 an NEMT Vehicle. Such requirements include:
1. Vehicle ASE safety inspection;
2. Vehicle registration and licensing;
3. Vehicle properly equipped and in good condition; and
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 1 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 1 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 Sections 16.40.750 and 16.40.760 for re-certification. Vehicles not meeting all such conditions will not be re-certified as an NEMT Vehicle and shall not be allowed to operate as an NEMT Vehicle.
P. Denial Appeal. If an 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 an NEMT Company permit does not create a right to an NEMT Company permit.
R. Transferring Permits. Transferring permits shall be prohibited. The Company must immediately alert the City in the event all or part of the business ownership and/or assets are transferred to another party.
S. Removal of NEMT Drivers and Vehicles from the 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 a City of Portland permit/certification and specific permission or approval from the Port of Portland.
U. Failure to comply with any provisions in Section 16.40.710 is a Class B violation subject to penalties provided in Sections 16.40.930 to 16.40.950