New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter D - Adult-Care Facilities
Part 485 - General Provisions
Section 485.7 - Renewal

(a) The operator of a facility subject to this Part, excluding shelters for adults that are addressed in Part 491 of this Title, shall be required to submit an application for renewal of an operating certificate, on forms and in the manner prescribed by the department, no more than 90 nor less than 45 days prior to expiration of said certificate. Such application shall include appropriate financial data, any new contracts, leases or rental agreements and documentation that the facility is in compliance with applicable regulations, codes and ordinances.

(b) Renewal shall be dependent upon demonstration of the operator's continuing ability to operate the facility in compliance with department regulations.

(c) If application is made for renewal by an operator of a facility for which the department has issued a statement of charges, or by an operator who is or has been within the period of the prior operating certificate an incorporator, director, sponsor, principal stockholder or operator of any other adult-care facility, community residence or residential health-care facility for which enforcement action has been initiated for failure to meet the standards of that department or agency, the department may deny or withhold renewal until the operator submits documentation which affirmatively demonstrates that the operator is competent to continue operation of the facility for which renewal is sought.

(d) Failure to submit an application for renewal of an operating certificate within the time limits established by subdivision (a) of this section may constitute grounds for the imposition of civil penalties or for denial of that or any subsequent application for renewal.

(e) Failure to submit an application for renewal will be considered surrender of an operating certificate. The operator must submit a plan for closure as required by section 485.5(j) of this Part and must remain responsible for operating the facility in compliance with applicable department regulations until closure or transfer of all residents is accomplished.

(f) If the department determines that an application for renewal of an operating certificate should not be approved, or that an operating certificate should be limited or modified, the department must give notice to the operator. The operator may, in writing and in accordance with Part 343 of this Title, request administrative review of a decision by the department not to renew his or her operating certificate. The department must schedule an administrative hearing to provide an operator, whose certificate is to be limited or modified, with an opportunity to contest the department's determination. In no event will the limitation or modification take effect prior to the 30th day after the date of the notice or prior to the effective date specified in the notice or prior to the date of the hearing decision, whichever is later.