New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XIV - Office for People With Developmental Disabilities
Part 602 - Uniform Hearing Procedures
Section 602.1 - Applicability

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

This Part shall apply in the following appeal proceedings and requests for declaratory rulings brought by or before the Office for People With Developmental Disabilities pursuant to the Mental Hygiene Law and/or regulations issued pursuant thereto:

(a) certificate of need hearings, pursuant to Mental Hygiene Law, section 16.09 and Part 620 of this Title;

(b) hearings requested after denial of application for or limitation of initial operating certificate, pursuant to Mental Hygiene Law, section 16.17;

(c) hearings on suspension, revocation or limitation of an operating certificate, or the imposition of a fine on the holder thereof, pursuant to Mental Hygiene Law, section 16.17;

(d) hearings on the denial of the renewal of an operating certificate, pursuant to Mental Hygiene Law, section 16.17;

(e) audit appeal hearings, except appeals of audits pursuant to sections 681.12 and 690.12 respectively of this Title;

(f) hearings requested on the temporary suspension or limitation of an operating certificate, pursuant to Mental Hygiene Law, section 16.17 (b);

(g) ICF/DD and specialty hospital second level rate appeals, and second level fee and rent appeals for community residences, pursuant to sections 681.12(d), 680.12(e), and 686.13(f), respectively, of this Title; and

(h) petitions seeking declaratory rulings pursuant to section 204 of the State Administrative Procedure Act.

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