New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIII - Office of Mental Health
Part 503 - Adjudicatory Proceedings
Section 503.7 - Hearing procedures: issuance of a cease and desist order

(a) This section shall apply to hearings held pursuant to Mental Hygiene Law, section 31.19. W here a conflict exists between this section and any other section of this Part, the provisions of this section shall be controlling.

(b) The decision to issue a cease and desist order pursuant to the Mental Hygiene Law, section 31.19 shall be final, unless the person charged with the violation files a written request for a hearing within 48 hours of service of notice of the proposed action.

(c) If the person charged with a violation makes a timely and sufficient request for a hearing, the execution of any proposed action to issue a cease and desist order shall be stayed pending the commissioner's final determination. Nothing in this section shall prevent the commissioner from taking whatever action he deems necessary for the suspension, revocation or limitation of the operating certificate of a facility operator who has been charged with a violation of Mental Hygiene Law, section 31.19, including but not limited to temporary suspension or limitation of an operating certificate as provided for in Mental Hygiene Law, section 31.16(b), nor shall it prevent the commissioner from seeking a temporary restraining order or such other injunctive relief as may be permitted by Mental Hygiene Law, sections 31.19 and 31.21 under the circumstances stated therein.

(d) The hearing shall commence within 10 days from the receipt of the request for the hearing. The notice of hearing shall be served upon the person charged with a violation 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 person charged with a violation 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 all parties and the hearing officer.

(e) 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.

(f) 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.