New York Codes, Rules and Regulations › Title 14 - DEPARTMENT OF MENTAL HYGIENE › Chapter XIII - Office of Mental Health › Part 503 - Adjudicatory Proceedings › Section 503.2 - Legal base

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Section 7.09  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority and responsibility to
				adopt regulations that are necessary and proper to implement matters under his
				jurisdiction and set standards of quality of care.
(b) Section 31.05  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to disapprove an
				application for an operating certificate. In such cases, this section further
				requires the commissioner to afford the applicant an opportunity to be
				heard.
(c) Section 31.16  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to suspend, revoke or
				limit an operating certificate, or impose fines. Such section further requires
				the commissioner to provide the holder of the operating certificate with a
				notice of such action and an opportunity to be heard. In such cases, this
				section also empowers the commissioner to establish regulations to govern the
				hearing procedure and the process of determination of the proceeding.
(d) Section 31.17  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to establish
				regulations to govern hearings afforded pursuant to article 31 of the Mental
				Hygiene Law.
(e) Section 31.19  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to issue a cease and
				desist order upon a finding that violations of article 31 of the Mental Hygiene
				Law have occurred. In such cases, this section further requires the
				commissioner to provide the person accused of the violation with a notice of
				the proposed action and an opportunity to be heard.
(f) Section 31.16 (b)  of the Mental
				Hygiene Law grants the commissioner of the Office of Mental Health the
				authority to temporarily suspend or limit an operating certificate. In such
				cases, this section further requires the commissioner to provide the holder of
				the operating certificate an opportunity for an evidentiary hearing to contest
				the validity of the emergency suspension or limitation.
(g) Section 31.22  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to disapprove an
				application for certain certificates of incorporation. In such cases, this
				section further requires the commissioner to afford the applicant an
				opportunity to be heard.
(h)
				Section 31.23  of the Mental Hygiene Law grants the
				commissioner of the Office of Mental Health the authority to disapprove an
				application for construction of a facility. In such cases, this section further
				requires the commissioner to afford the applicant an opportunity to be
				heard.
(i) Section 43.02  of the Mental Hygiene Law provides
				that payments under the Medical Assistance Program for services at facilities
				licensed by the Office of Mental Health, other than inpatient units which are
				jointly licensed by the Department of Health, shall be at rates of payment
				certified by the commissioner of the Office of Mental Health and approved by
				the Director of the Budget. This section also empowers the commissioner to
				conduct on-site audits of the books and records of facilities licensed by the
				Office of Mental Health, and to adopt rules and regulations to effectuate the
				provisions of section 43.02.
(j)
				Article 3 of the State Administrative Procedure Act establishes procedures for
				the conduct of adjudicatory proceedings and requires agencies to adopt rules
				governing such proceedings.