New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 503 - Adjudicatory Proceedings
Section 503.6 - Hearing procedures: temporary suspension or limitation of an operating certificate

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

(b) Where the Office of Mental Health has temporarily suspended or limited an operating certificate pursuant to Mental Hygiene Law, section 31.16(b) (1), the facility operator, within 10 days of the date when the emergency suspension or limitation is first imposed or within 10 days of the date of receipt of notice from the commissioner to permanently revoke, suspend or limit the facility's operating certificate, may request an evidentiary hearing to contest the validity of the emergency suspension or limitation.

(c) The evidentiary hearing shall commence within 10 days of the filing of the facility operator's request. The notice of hearing shall be served upon the facility operator not less than 24 hours prior to the commencement of the hearing. Such service may be made in any manner permitted herein sufficient to provide the requisite 24-hour notice. The facility operator may serve an answer upon the Office of Mental Health at any time prior to the commencement of the hearing. No request for an adjournment shall be granted without the concurrence of the facility operator, Office of Mental Health and the hearing officer.

(d) The evidentiary hearing shall be limited to a determination of whether a patient's health or safety is in imminent danger or there exists any condition or practice or a continuing pattern of conditions or practices which poses imminent danger to the health or safety of any patient. The emergency suspension or limitation shall be upheld upon a determination that the Office of Mental Health had reasonable cause to believe that a patient's health or safety was in imminent danger.

(e) A record of the evidentiary hearing shall be made available to the facility operator upon request.

(f) Unless otherwise agreed to by all parties, the hearing officer shall set forth his or her findings and recommendations for action by written report to the commissioner within 10 days of receipt of the entire transcript of the hearing. The record of the hearing, together with the hearing officer's report, shall be transmitted forthwith to the commissioner for final determination and order. The hearing officer shall also serve a copy of the report on all parties.

(g) The commissioner shall issue a ruling within 10 days after the receipt of the hearing officer's report. Submission of any responses or replies need not be considered.

(h) If the commissioner determines to permanently revoke, suspend or limit the facility's operating certificate, no administrative hearing on that action shall commence prior to the commissioner's determination concerning the emergency suspension or limitation.