New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle E - Office of Children and Family Services › Part 179 - Standards For Resident Behavior › Subpart 179-2 - Good Behavior Allowances › Section 179-2.9 - Time allowance hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where the
				  committee, after a review of the resident's file, has determined that there may
				  be sufficient reason present not to recommend the granting of the total good
				  behavior allowance authorized, other than time lost as the result of a facility
				  director's proceeding, the committee shall schedule a hearing for the purpose
				  of determining whether there is sufficient reason not to recommend the granting
				  of the total allowance authorized and to determine the amount of time to be
				  recommended for allowance and the reasons for the recommendation.
(b) At least 48 hours prior to the time
				  allowance hearing, the chairperson shall designate an employee to file and
				  deliver to the resident a formal notice of the hearing. The formal notice shall
				  contain a written specification of the particulars that caused the time
				  allowance committee to believe that there may be sufficient reason not to grant
				  the total allowance authorized.
(c)
				  The chairperson of the time allowance committee shall designate an employee to
				  furnish assistance to the resident. Such employee shall be of the resident's
				  choice selected from a list of available employees established by the facility
				  director or any other employee upon approval of the facility
				  director.
(d) Such employee shall
				  explain the nature of the hearing and the particulars specified in the formal
				  notice. He also shall ask the resident whether there is any factual matter that
				  can be presented in the resident's behalf and inquire into any reasonable
				  factual claim that the resident may make.
(e) A written report of the action taken and
				  the results of the inquiry, if any, including documentary evidence and
				  statements of witnesses interviewed by the person designated to furnish
				  assistance to the resident shall be shared with the resident prior to delivery
				  to the chairperson of the time allowance committee before the commencement of
				  the hearing.
(f) A time allowance
				  hearing shall be held within 14 days of delivery of the formal notice of
				  hearing to the resident by the person designated to furnish assistance to the
				  resident, subject to the authority of the chairperson of the time allowance
				  committee to grant reasonable adjournments.
(g) The time allowance committee shall
				  reconsider the entire file of the resident, interview the resident, and
				  consider any factual matter brought to its attention by the resident or the
				  person designated to provide assistance to the resident. The committee may, in
				  its discretion, interview any person who may have information relevant to the
				  hearing.
(h) The time allowance
				  committee shall advise the resident of any factual circumstances that appear to
				  support a determination not to recommend the granting of the total time
				  allowance authorized and shall afford him the opportunity to comment thereon
				  and to make any statement he may care to submit in respect to his time
				  allowance.
(i) Where the time
				  allowance committee is satisfied, after hearing the resident, that the record
				  of the proceeding contains substantial evidence in support of a determination
				  not to grant the total good behavior allowance authorized, it shall set the
				  amount of time, from 1 to 90 days, it will recommend to be withheld. In
				  determining the specific amount of time to recommend to be withheld, the
				  committee shall evaluate the frequency of the misbehaviors, severity and
				  duration of the pattern of misbehaviors and the resident's effort to change and
				  the degree of change indicated. The committee shall advise the facility
				  director as provided for in section
				  179-2.8(f) of this
				  Subpart of the amount of time recommended to be withheld.
(j) In any case where the time allowance
				  committee is not satisfied, after considering all available evidence, that the
				  record of the proceeding contains substantial evidence to support the
				  determination not to grant the total allowance authorized, it shall recommend
				  the granting of the total good behavior allowance authorized and shall so
				  advise the facility director as provided in section
				  179-2.8(f) of this
				  Subpart.
(k) A written report,
				  including a statement of the reasons for the recommendation, shall be provided
				  to the resident following the proceeding.