Current through Register Vol. 46, No. 39, September 25, 2024
(a) The operator
must file a written answer to any factual allegation or point of law in the
statement of charges which is contained in the notice of hearing, by either
hand delivering the answer to the department's counsel's office in Albany
during normal business hours, or mailing the answer, so that it is received by
the department's counsel's office in Albany within the following time limits:
(1) The answer must be received by the
department no less than five days before the scheduled hearing date in an
action to assess a civil penalty against the operator of a facility who does
not possess a valid operating certificate issued pursuant to section 460-d (9) of the Social
Services Law.
(2) The answer must
be received by the department no less than 10 days before the scheduled hearing
date in an action to assess a civil penalty against the operator of a facility
for failing to operate a facility in compliance with this Title or section 460-d (7) of the Social
Services Law, or in an action to revoke, suspend or limit an operating
certificate pursuant to section 460-d (4)(b) of the Social
Services Law.
(3) The answer must
be either hand-delivered or, if mailed, postmarked no less than 15 days before
the scheduled hearing date in an action to review the denial of an application
for, or renewal of, an operating certificate under section
493.2(c)
of this Part, or in an action to modify an operating certificate pursuant to
section 461-b (7) of the Social
Services Law.
(b) The
answer must:
(1) specifically admit or deny
each charge. Any charge not specifically denied will be deemed admitted, and
the operator will not be permitted to deny the charge at any later
time;
(2) set forth with
specificity the operator's position with respect to each charge which is
denied. The operator must state the legal and factual basis for denying the
charge, and must submit copies of all documents such as supporting letters,
charts, graphs and photographs in support of the operator's position;
and
(3) list the witnesses whom the
operator intends to present and a statement indicating the substance of their
anticipated testimony.
(c) If the operator fails to file an answer
to the notice of hearing, the response to the proposed statement of charges
filed pursuant to section
493.4 of this
Part, if one has been filed, will be deemed to be the answer.
