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 493.8 - Expedited hearings

Universal Citation: 18 NY Comp Codes Rules and Regs ยง 493.8

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Whenever the department finds that an operator is causing or failing to prevent a condition which constitutes a danger to the physical or mental health of the residents of a facility, and it appears contrary to the interests of the residents to delay action pending a hearing, the commissioner or the commissioner's designee may:

(1) order the operator, by written notice which sets forth the basis for such finding, to discontinue immediately such dangerous condition or activity or take certain action immediately or within a specified period of time, not to exceed 30 days, which will correct such condition or activity; or

(2) temporarily suspend the operating certificate and order the removal of all residents from the facility pending the issuance of a hearing decision under this Part.

(b) Within 30 days of the issuance of the order or notice of suspension, the commissioner will provide the operator an opportunity to be heard and to present proof in opposition to the order or suspension.

(c) The operator may file with the department a response to the charges contained in the order or notice of suspension and a request for a hearing. The response and hearing request must be in writing and must:

(1) specifically admit or deny each charge;

(2) set forth with particularity 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 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.

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