New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter XX - JUSTICE CENTER FOR THE PROTECTION OF PEOPLE WITH SPECIAL NEEDS
Part 700 - Administrative Adjudication Process For Substantiated Cases Of Abuse And Neglect
Section 700.13 - Executive director's final determination
Current through Register Vol. 46, No. 39, September 25, 2024
(a) After receipt of the administrative law judge's report and recommendation and the hearing record, the executive director or his or her designee shall make a final determination. The final determination of the executive director or designee shall be in writing and embodied in an order. The order shall be based exclusively upon the record of the hearing and shall contain findings of fact and conclusions of law. If the final determination of the executive director or designee conflicts with the administrative law judge's report and recommendation, the executive director or designee shall set forth the reasons in the order. A copy of the written order shall be mailed to each party, or at the option of the parties, an electronic copy of such order shall be transmitted to each party.
(b) The order shall contain notice of the right to seek review of the order pursuant to article 78 of the Civil Practice Law and Rules.