Current through Register Vol. 46, No. 39, September 25, 2024
(a)
Investigations.
(1) The office
may undertake an investigation of the affairs and management of any shelter for
adults, small-capacity shelter, or shelters for adult families, or of any
person, corporation, society, association or organization that operates or
holds itself out as being authorized to operate any such facility, or of the
conduct of any officers or employers of any such facility. The office is
empowered to issue compulsory process for the attendance of witnesses and the
production of papers, to administer oaths and to examine persons under oath,
and to exercise the same powers in respect to the conduct of such an
investigation as belong to referees appointed by the Supreme Court.
(2) If it shall appear after such
investigation that the residents of the facility are cruelly, negligently or
improperly treated, or that inadequate provision is made for their sustenance,
clothing, care, supervision or other condition necessary for their comfort and
well-being, the office, may issue an order in the name of the people, and under
the official seal of the State, directing the appropriate officers or managers
of such facility to modify such treatment or provide such other remedy as may
be specified therein. Before any such order is issued, it must be approved by a
Justice of the Supreme Court, after such notice as he may prescribe and after
an opportunity to be heard, and any person to whom such an order is directed
who shall intentionally fail or refuse to obey its terms shall be guilty of a
misdemeanor.
(b)
Enforcement.
(1)
Enforcement shall mean the action(s) undertaken or initiated
by the office to help assure that shelters for adults, small-capacity shelters
and shelters for adult families are established and operated in compliance with
all applicable State and local laws or regulations, including the applicable
provisions of this Part, and in accordance with an operational plan approved by
the office.
(2) Enforcement actions
undertaken by the office may include, but are not limited to:
(i) issuance of notice of intention to
initiate enforcement;
(ii) conduct
of hearings to determine if an operator has failed to comply with applicable
law and regulation;
(iii)
determination, after hearing, that civil penalties should be imposed;
(iv) determination, after hearing, to revoke,
suspend or limit an operating certificate;
(v) issuance of an order pursuant to Social
Services Law section
460-d(2) requiring an
operator to immediately remedy conditions dangerous to residents;
(vi) temporary suspension or limitation of an
operating certificate upon finding that resident health and safety are in
imminent danger;
(vii) request to
the Attorney General to seek an injunction against an operator for violations
or threatened violations of law or regulation; or
(viii) request to the Attorney General to
take such action as is necessary to seek criminal prosecution, or to bring
about compliance with any outstanding hearing determination or order.
(3) The operating certificate of
any shelter for adults, small-capacity shelter, or shelters for adult families
may be revoked, suspended or limited upon a determination by the office, after
a hearing in accordance with procedures set forth in Part 493 of this Title,
that the operator has failed to comply with the operational plan approved by
the office or requirements of State or local laws or regulations applicable to
the operation of such facility.
(4)
The operating certificate of any shelter for adults, small-capacity shelter, or
shelters for adult families may be temporarily suspended or limited without a
hearing for a period not in excess of 60 days upon written notice to the
facility that the office has found that the public health, or an individual's
health, safety or welfare is in imminent danger. If the office schedules an
expedited hearing to begin during the suspension period, in a proceeding to
suspend, revoke or limit the operating certificate, as set forth in section
493.8 of this
Title, the temporary suspension will remain in effect until the hearing
decision is issued.
(5) Any order
or determination to limit an operating certificate shall specify the manner in
which the operating certificate is to be limited. An operating certificate may
be found subject to one or more of the following limitations:
(i) a limitation on the period of time for
which such certificate remains effective, contingent on a determination that
specified violations have been corrected or specified conditions have been
met;
(ii) a limitation on the
number of persons for which such facility is authorized to provide
care;
(iii) a prohibition against
the admission of new residents after a specified date; or
(iv) a limitation on the type(s) of service
to be provided.
(c) Violations or threatened violations of
law or State regulations at any shelter for adults, small-capacity shelter, or
shelters for adult families may be enjoined by the Supreme Court. The Attorney
General may seek such an injunction, in the name of the people, upon the
request of the office. Service in such an action shall state the nature of the
violation and shall be accomplished in the manner prescribed by the Civil
Practice Law and Rules; provided, however, that an ex parte
temporary restraining order may be issued, notwithstanding the Civil Practice
Law and Rules, if the court finds, on motion and affidavit, that such violation
may reasonably be expected to result in imminent danger to the public health or
to the health, safety or welfare of any individual in a facility subject to the
office's inspection and supervision. The court, after a hearing, may issue a
preliminary injunction or a permanent injunction enjoining a facility from
admitting new residents, or directing the office and such facility to arrange
for the transfer of residents to other facilities, or any other injunctive
relief the court may deem necessary.
(d) Whenever the office has knowledge,
acquired by announced or unannounced inspections, audits, or other methods, or
has been advised by any State or local entity authorized to conduct inspections
or audits, that there exists a violation of law, regulation, or code with
respect to any shelter for adults, small-capacity shelter, or shelter for adult
families in which there are conditions that are dangerous, hazardous,
imminently detrimental to life or health, or otherwise render the building not
fit for human habitation, the office may take immediate emergency measures,
including, but not limited to, one or more of the following:
(1) issuing an order directing the facility
to take immediate measures to rectify any deficiencies, violations, or
conditions, requiring additional security, or directing the transfer of the
facility's residents to other temporary emergency housing; or
(2) temporarily suspending the facility's
operating certificate or directing closure of the facility, subject to the
notice and expedited hearing process set forth in section
493.8 of this
Title.
(e) If the
office, after investigation, finds that any person, agency or facility subject
to this regulation is causing, engaging in or maintaining a condition or
activity which constitutes a danger to the physical or mental health of the
residents of a facility subject to the inspection and supervision of the
office, and that it, therefore, appears to be prejudicial to the interests of
such residents to delay action for 30 days until an opportunity for a hearing
can be provided in accordance with the provisions of this section, the office
shall order the person, agency or facility, by written notice setting forth the
basis for such finding, to discontinue such dangerous condition or activity or
take certain action immediately or within a specified period of less than 30
days. The office shall, within 30 days of issuance of the order, provide the
person, agency or facility an opportunity to be heard and to present any proof
that such condition or activity does not constitute a danger to the health of
such residents.
