NY Pub Health L § 4615 (2021)
2021 New York Laws PBH - Public Health Article 46 - Continuing Care Retirement Communities 4615 - Revocation, Suspension or Annulment of Certificate of Authority.

§   4615.  Revocation,  suspension  or  annulment  of  certificate  of   authority.   1. The council may revoke,  suspend,  limit  or  annul  the   certificate of authority of an operator upon proof that:a.  The  operator  failed to continue to meet the requirements for the   authority originally granted;b. The operator lacked one or  more  of  the  qualifications  for  the   certificate of authority as specified by this article;c.  The  operator  made a material misstatement, misrepresentation, or   committed fraud  in  obtaining  the  certificate  of  authority,  or  in   attempting to obtain the same;d. The operator lacked fitness or was untrustworthy;e.  The  operator  engaged  in  fraudulent  or  dishonest practices of   management  in  the  conduct  of  business  under  the  certificate   of   authority;f. The operator converted or withheld funds;g.  The operator failed to comply with, or violated, any proper order,   rule or regulation of the council or  violated  any  provision  of  this   article;h.  The unsound business practices of the operator renders its further   transactions in this state hazardous or injurious to the public;i. The operator has refused to be examined or to produce its accounts,   records, and files for  examination,  or  its  officers,  employees,  or   controlling persons have refused to give information with respect to the   affairs  of the community or to perform any other legal obligation as to   such examination;j. The superintendent of financial services has made  a  determination   that  the  operator  is  insolvent  within  the  meaning  of section one   thousand three hundred nine of the insurance law; ork. The commissioner has found violations of applicable statutes, rules   or regulations which threaten to affect directly the health, safety,  or   welfare of a resident.2. No certificate of authority shall be revoked, suspended, limited or   annulled  without  a hearing, except that a certificate of authority may   be temporarily suspended or limited prior to a hearing for a period  not   in  excess of sixty days upon written notice to the operator following a   finding by the commissioner that the  public  health  or  safety  is  in   imminent  danger  or  there  exists  any  condition  or  practice  or  a   continuing pattern of conditions or  practices  that  pose  an  imminent   danger to the health or safety of any resident. Any delay in the hearing   process  occasioned  by  the  operator  shall  toll  the running of said   suspension or limitation and shall not abridge the full time provided in   this subdivision.3. Any state agency which seeks to revoke, suspend, limit or annul the   certificate of authority or any other license or certificate required to   be obtained by an operator of a  continuing  care  retirement  community   pursuant  to  law,  shall  request  the  council  to  commence a hearing   pursuant to this section.4. The council shall fix  a  time  and  place  for  the  hearing.  The   commissioner  shall cause to be served in person or mailed by registered   or certified mail to the operator at least  ten  days  before  the  date   fixed for the hearing a copy of the charges, together with the notice of   the  time  and  place  of  the hearing. The operator shall file with the   commissioner not less than three days prior to  the  hearing  a  written   answer  to  the charges. The agency which initiated the proceeding shall   be responsible for providing evidence in support of the charges  to  the   commissioner  in  order  to  prepare  a  statement  of charges and shall   provide evidence in support of the charges at the hearing. 5. All orders hereunder shall be subject  to  review  as  provided  in   article  seventy-eight  of the civil practice law and rules. Application   for such review must be made within sixty days after service  in  person   or  by  registered  or  certified  mail  of a copy of the order upon the   operator.