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 602.3 - Hearing procedures: certificate of need hearings

Universal Citation: 14 NY Comp Codes Rules and Regs ยง 602.3

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

(a) Applicability.

In addition to section 602.2 of this Part, this section shall apply to hearings held pursuant to Part 620 of this Title as required by Mental Hygiene Law, section 16.09. W here a conflict exists between this section and section 602.2 of this Part, the provisions of this section shall be controlling.

(b) Hearing requests.

(1) The proposed action shall be final, unless a hearing is requested in writing to the commissioner within 10 days of service of the notice of the proposed action.

(2) Hearings may be held at the request of any party permitted to request a hearing pursuant to Part 620 of this Title.

(3) The request shall include a declaration of the issues alleged to be involved and documentation of the party's position as to each issue it has identified.

(4) The commissioner shall issue to the parties a notice of hearing; and a statement of issues. The commissioner shall consider those requests for amendments to the statement of issues which he or she receives at least seven days prior to the initial hearing date.

(c) Burden of proof.

The party requesting the hearing shall present its case first. The burden of proof shall be on the party requesting the hearing to demonstrate that the commissioner's decision to approve or disapprove the application for the certificate of need is not supported by facts and conclusions which address the standards for approval provided in Part 620 of this Title.

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