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 493.6 - Notice of hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where
		    the department has chosen not to provide the operator with a proposed statement
		    of charges, or where there are charges which are not resolved by the parties, a
		    notice of hearing must be served on the operator in person or by certified
		    mail, return receipt requested, at least 30 days prior to the date of the
		    hearing. When the department initiates an action to assess civil penalties
		    pursuant to section
		    486.5(b) 
		    of this Title for operating an adult care facility without a valid operating
		    certificate brought against an operator whose identity is not known to the
		    department, service may be made by posting a copy of the notice of hearing in a
		    conspicuous place at the facility at least 30 days prior to the date of the
		    hearing or by sending a copy of it by certified mail, return receipt requested,
		    addressed to the facility and delivered at least 20 days prior to the date of
		    the hearing.
(b) The notice of
		    hearing must set forth the time and place for the hearing.
(c) In those cases where the department has
		    provided the operator with a proposed statement of charges, if the department
		    amends the proposed statement of charges, the notice of hearing must contain
		    the amended statement of charges, which must comply with the requirements of
		    section
		    493.3(b)(1) and (2)
		    and (c)  of this Part. If the department does
		    not amend the proposed statement of charges, the notice of hearing must contain
		    a copy of the proposed statement of charges. In those cases where the
		    department has not provided the operator with a proposed statement of charges,
		    the notice of hearing must contain a statement of charges which comply with the
		    requirements of section
		    493.3(b)(1) and (2)
		    and (c)  of this Part.
(d) Where an operator requests a hearing to
		    challenge an order of the commissioner issued pursuant to section 460-d (8)  of the Social
		    Services Law, the notice of hearing must contain a general statement of the
		    facts, and a citation to the statutes, rules and regulations upon which the
		    order is based.
(e) The hearing
		    notice also must inform the operator:
(1) of
		    the requirement to file a written answer as set forth in section
		    493.7  of this
		    Part;
(2) of the right to present
		    written or oral evidence at the hearing;
(3) of the right to be represented by an
		    attorney or other representative of the operator's choice;
(4) of the method by which adjournments may
		    be requested;
(5) whether the
		    operating certificate will remain in effect during the course of the hearing
		    and pending the issuance of the hearing decision; and
(6) that the operator may raise issues and
		    present evidence only on those matters included in the answer to the statement
		    of charges.