New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 1 - General
Part 401 - All Facilities-operating Certificates
Section 401.4 - Review of operating certificate determinations

Universal Citation: 10 NY Comp Codes Rules and Regs ยง 401.4

Current through Register Vol. 46, No. 39, September 25, 2024

(a) To review a determination of the department made pursuant to the provisions of this Subchapter relating to an operating certificate, an applicant shall forward such request in writing to the commissioner, specifying the relief sought, within 30 days following the determination.

(b) The commissioner may, in his discretion, grant or deny the request; or, prior to making a determination, direct that a hearing be held to recommend whether the relief sought by the applicant shall be granted.

(c) The findings, conclusions and recommendations of the hearing officer may be referred by the commissioner to the council for review and recommendations; the council shall not act upon any such referral until the regional hospital planning councils concerned have had a reasonable time to submit their recommendations.

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