New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 503 - Adjudicatory Proceedings
Section 503.5 - Hearing procedures: suspension, revocation or limitation of an operating certificate, or imposition of fines

(a) This section shall apply to hearings held pursuant to Mental Hygiene Law, section 31.16(a). Where a conflict exists between this section and any other section of this Part, the provisions of this section shall be controlling.

(b) Except as provided for in Mental Hygiene Law, section 31.16(b), if the holder of an operating certificate makes a timely and sufficient request for a hearing, the execution of any proposed action to revoke, suspend, limit or fine shall be stayed pending the commissioner's determination.

(c) Where the proposed action is the revocation of an operating certificate, either party shall, upon demand and at least seven days prior to the hearing, disclose the evidence that the party intends to introduce at the hearing, including documentary evidence and identification of witnesses. If the party making the disclosure subsequently determines to rely upon other witnesses or information, the party shall supplement its initial disclosure as soon as practicable. This section shall not be deemed to require the disclosure of information or materials which are otherwise protected by law from disclosure, including information and material protected because of privilege or confidentiality. If, after such disclosure, a party determines to rely upon other witnesses or information, the party shall, as soon as practicable, supplement its disclosure by providing the names of such witnesses or the additional documents.

(d) The commissioner's final determination shall be based upon a preponderance of the evidence and shall contain conclusions concerning the alleged violations of the terms of the operating certificate or the alleged violation of any applicable statute, rule or regulation.