26-8a-405.1 - Selection of provider by political subdivision.
26-8a-405.1. Selection of provider by political subdivision.
(1) (a) Only an applicant approved under Section 26-8a-405 may respond to a request fora proposal issued in accordance with Section 26-8a-405.2 or Section 26-8a-405.4 by a politicalsubdivision.
(b) A response to a request for proposal is subject to the maximum rates established bythe department under Section 26-8a-403.
(c) A political subdivision may award a contract to an applicant in response to a requestfor proposal:
(i) in accordance with Section 26-8a-405.2; and
(ii) subject to Subsection (2).
(2) (a) The department shall issue a license to an applicant selected by a politicalsubdivision under Subsection (1) unless the department finds that issuing a license to thatapplicant would jeopardize the health, safety, and welfare of the citizens of the geographicservice area.
(b) A license issued under this Subsection (2):
(i) is for the exclusive geographic service area approved by the department in accordancewith Subsection 26-8a-405.2(2);
(ii) is valid for four years;
(iii) is not subject to a request for license from another applicant under the provisions ofSections 26-8a-406 through 26-8a-409 during the four-year term, unless the applicant's license isrevoked under Section 26-8a-504; and
(iv) is subject to supervision by the department under Sections 26-8a-503 and 26-8a-504.
(3) Except as provided in Subsection 26-8a-405.3(4)(a), the provisions of Sections26-8a-406 through 26-8a-409 do not apply to a license issued under this section.
Amended by Chapter 187, 2010 General Session