BY DONNIE JOHNSTON
Culpeper County Circuit Judge John Cullen yesterday refused to dismiss--at least for the time being--the Culpeper County Rescue Squad's appeal of its suspension by the state.
The appeal would force the Office of Emergency Medical Services to hold a formal hearing to determine if state Health Commissioner Dr. Robert B. Stroube erred in first pulling the squad's license to run calls Jan. 3 and then changing the order to a suspension in late May.
The state argues that it had every right to suspend the squad, also known as Company 11, for not answering calls in what it determined to be a timely manner.
Attorney Matt Cobb, representing the Department of Health, asked Cullen to dismiss the appeal both on a procedural and factual basis.
Cullen, however, agreed with Company 11 attorney Waverly Parker, who argued that the procedural issue must be determined before the facts can be presented.
Cullen said he wanted more time to familiarize himself with the case.
The judge set the afternoon of Dec. 17 for procedural arguments and instructed Cobb to file a brief on the motion to dismiss by Nov. 6. Parker's reply will be due Nov. 29.
Should the judge decide to allow the appeal, Cullen set March 26 at 10 a.m. as the hearing date.
Donnie Johnston: