New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter A - General Welfare
Article 5 - Miscellaneous
Part 343 - Hearing Procedure: Residential Care Programs For Children
Section 343.2 - General

(a) No operating certificate will be revoked, suspended, modified or limited without a hearing held in accordance with the procedures established in this Part, except that an operating certificate may, nevertheless, be temporarily suspended or limited without a hearing for a period not in excess of 30 days upon written notice to the facility following a finding by the department that the public health, or an individual's health, safety or welfare, are in imminent danger.

(b) Upon the denial of an application for an initial operating certificate, or an application for renewal of an operating certificate, the applicant shall have the right to a hearing to review the denial.

(c) The department shall extend the duration of an operating certificate for a temporary period as may be appropriate when the period of validity of an operating certificate terminates during the course of a hearing to revoke, suspend or limit an operating certificate and until the hearing decision is issued. If a hearing is requested to review the denial of an application to renew an operating certificate, the department shall extend the duration of the operating certificate until either the hearing decision is issued, the hearing request is withdrawn or the appellant defaults the hearing.