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

(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.