New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 503 - Adjudicatory Proceedings
Section 503.3 - Applicability

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

(a) This Part shall apply to the following adjudicatory proceedings brought by or before the Office of Mental Health pursuant to the Mental Hygiene Law and/or regulations issued pursuant thereto:

(1) hearings, afforded an applicant, on the disapproval of an application for construction of a facility pursuant to Mental Hygiene Law, section 31.23 and Parts 53 and 551 of this Title;

(2) hearings on the denial of application for or limitation of initial operating certificate pursuant to Mental Hygiene Law, section 31.05;

(3) hearings on the suspension, revocation or limitation of an operating certificate, or the imposition of fines pursuant to Mental Hygiene Law, section 31.16;

(4) hearings on the emergency suspension or limitation of an operating certificate pursuant to Mental Hygiene Law, section 31.16;

(5) hearings on the issuance of a cease and desist order pursuant to Mental Hygiene Law, section 31.19;

(6) hearings, afforded an applicant, on the disapproval of an application for certificate of incorporation pursuant to Mental Hygiene Law, section 31.22 and Part 551 of this Title;

(7) hearings held pursuant to any law or regulation giving a facility licensed by the Office of Mental Health the right to request a hearing to appeal a determination by the commissioner regarding the facility's request for revision of a certified rate of payment; and

(8) hearings held pursuant to any law or regulation giving a facility licensed by the Office of Mental Health the right to request a hearing to appeal an agency audit finding which results in a proposed revision of a certified rate of payment.

(b) This Part supersedes Part 73 as it relates to services for the mentally ill.

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