New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 493 - Hearing Procedure: Residential Care Programs For Adults › Section 493.2 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To revoke,
		    suspend, limit, or modify an operating certificate, or to assess a civil
		    penalty against an operator for failing to operate in compliance with the
		    Social Services Law or this Title, or for operating a facility without a valid
		    operating certificate, the department must hold a hearing in accordance with
		    the procedures established in this Part, except as stated in subdivision (b) of
		    this section.
(b) The department
		    may temporarily suspend or limit an operating certificate without a hearing for
		    60 days or less if the department finds that the public health, or an
		    individual's health, safety or welfare, is in imminent danger. If the
		    department schedules an expedited hearing to begin during the suspension
		    period, in a proceeding to suspend, revoke or limit the operating certificate,
		    as set forth in section
		    493.8  of this
		    Part, the temporary suspension will remain in effect until a decision is
		    issued. The department also may issue an order to the operator to correct
		    immediately a condition which constitutes a danger to the physical or mental
		    health of the facility's residents. Such an order will remain in effect unless
		    reversed by a decision issued after a hearing held under this Part.
(c) Upon the denial of an application for, or
		    renewal of, an operating certificate, the operator has the right to a hearing
		    to challenge the denial. The department must notify the operator of the denial
		    by certified mail, return receipt requested, and must include in the notice of
		    denial the grounds upon which the denial is based, and a statement that the
		    operator may request a hearing to review the denial by mailing a request for a
		    hearing to the department's office of administrative hearings, bureau of
		    special hearings, post-marked within 60 days of the operator's receipt of the
		    department's notification of denial. The notice of denial also must advise the
		    operator that failure to request a hearing in the manner provided in this
		    subdivision within this 60-day period will preclude the operator from
		    challenging the department's determination at a hearing.
(d) The parties may enter into a stipulation
		    to settle any action described in subdivisions (a), (b) and (c) of this section
		    and this stipulation may include the requirement that the operator pay a civil
		    penalty.
(e) When an operating
		    certificate expires during the course of a hearing to revoke, suspend or limit
		    the operating certificate, the department may temporarily extend the operating
		    certificate until the hearing decision is issued.
(f) When an operator requests a hearing to
		    review the denial of an application to renew an operating certificate, the
		    operating certificate remains in effect until either the hearing decision is
		    issued, the operator withdraws the hearing request or the operator fails to
		    appear at the hearing.