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 493 - Hearing Procedure: Residential Care Programs For Adults
Section 493.13 - Decision after hearing

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 493.13

Current through Register Vol. 46, No. 12, March 20, 2024

(a) The hearing decision must be issued by the commissioner or by the commissioner's designee and must be based exclusively on the record of the hearing. The decision must be in writing and must set forth the hearing issues, the relevant facts, and the pertinent provisions of law and department regulations, make appropriate findings, determine the issues, state reasons for the determination and, when appropriate, direct specific action.

(b) A copy of the decision will be sent to the operator and to the operator's representatives, if any.

(c) In the event the decision is adverse to the operator, a copy of the decision will be sent together with a notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

(d) The hearing decision will be issued as soon as practicable but in no event more than 90 days after the conclusion of the hearing.

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