New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.6 - Hearing procedures: temporary suspension or limitation of an operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				section shall apply to hearings held pursuant to Mental Hygiene Law, section
				31.16(b). Where a
				conflict exists between this section and any other section of this Part, the
				provisions of this section shall be controlling.
(b) Where the Office of Mental Health has
				temporarily suspended or limited an operating certificate pursuant to Mental
				Hygiene Law, section
				31.16(b) (1), the
				facility operator, within 10 days of the date when the emergency suspension or
				limitation is first imposed or within 10 days of the date of receipt of notice
				from the commissioner to permanently revoke, suspend or limit the facility's
				operating certificate, may request an evidentiary hearing to contest the
				validity of the emergency suspension or limitation.
(c) The evidentiary hearing shall commence
				within 10 days of the filing of the facility operator's request. The notice of
				hearing shall be served upon the facility operator not less than 24 hours prior
				to the commencement of the hearing. Such service may be made in any manner
				permitted herein sufficient to provide the requisite 24-hour notice. The
				facility operator may serve an answer upon the Office of Mental Health at any
				time prior to the commencement of the hearing. No request for an adjournment
				shall be granted without the concurrence of the facility operator, Office of
				Mental Health and the hearing officer.
(d) The evidentiary hearing shall be limited
				to a determination of whether a patient's health or safety is in imminent
				danger or there exists any condition or practice or a continuing pattern of
				conditions or practices which poses imminent danger to the health or safety of
				any patient. The emergency suspension or limitation shall be upheld upon a
				determination that the Office of Mental Health had reasonable cause to believe
				that a patient's health or safety was in imminent danger.
(e) A record of the evidentiary hearing shall
				be made available to the facility operator upon request.
(f) Unless otherwise agreed to by all
				parties, the hearing officer shall set forth his or her findings and
				recommendations for action by written report to the commissioner within 10 days
				of receipt of the entire transcript of the hearing. The record of the hearing,
				together with the hearing officer's report, shall be transmitted forthwith to
				the commissioner for final determination and order. The hearing officer shall
				also serve a copy of the report on all parties.
(g) The commissioner shall issue a ruling
				within 10 days after the receipt of the hearing officer's report. Submission of
				any responses or replies need not be considered.
(h) If the commissioner determines to
				permanently revoke, suspend or limit the facility's operating certificate, no
				administrative hearing on that action shall commence prior to the
				commissioner's determination concerning the emergency suspension or
				limitation.