New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter E - Medical Care
Article 3 - Policies and Standards Governing Provision of Medical and Dental Care
Part 516 - Monetary Penalties
Section 516.2 - Notice
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 516.2
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Notice of proposed agency action.
(1) When OMIG
proposes to impose a monetary penalty under this Part, OMIG must first send the
person a written notice of proposed agency action. Such notice must be mailed
to the person's designated payment address, designated correspondence address,
or last known address.
(2) The
notice of proposed agency action must contain:
(i) the alleged violation(s);
(ii) facts which support the conclusion that
a violation has occurred;
(iii) the
amount of the proposed monetary penalty;
(iv) the legal authority for the
penalty;
(v) the opportunity for
the person to submit documentation or written arguments objecting to the
proposed action within 30 calendar days of receipt of the notice of proposed
agency action. The objections must be in writing and include a written
statement detailing the specific items in the notice of proposed agency action
to which the person objects; and
(vi) a statement that the failure to object
within the time provided may result in the adoption of the proposed penalties
as the final penalties and that, pursuant to section
519.18 of this
Title, the issues to be addressed at an administrative hearing will be limited
to those matters contained in any objection to the proposed action.
(3) Any documentation or written
arguments submitted by the person objecting to the notice of proposed agency
action must be mailed to OMIG, at the address specified in the notice of
proposed agency action, within 30 calendar days of receipt of the notice of
proposed agency action which will be presumed, in the absence of evidence to
the contrary, to be five calendar days after the date on the notice of proposed
agency action.
(4) For good cause
shown, OMIG may, in its discretion, extend the 30-calendar day period to
respond to the notice of proposed agency action.
(b) Notice of agency action.
(1) If, after its review, OMIG determines to
impose a monetary penalty, it must send a written notice of agency action
advising the person of the final determination at least 20 days before the
action becomes effective. In preparing the notice of agency action, OMIG must
consider the person's objections, any supporting documents and materials, if
any, submitted in response to the notice of proposed agency action. Such notice
must be either mailed to the person's designated payment address, designated
correspondence address, or last known address.
(2) The notice of agency action must contain:
(i) the alleged violation(s);
(ii) facts which support the conclusion that
a violation has occurred;
(iii) the
amount of the monetary penalty;
(iv) the legal authority for the
penalty;
(v) the effective date of
the penalty; and
(vi) the right of
the person to appeal the determination and of the requirements and procedures
for requesting an administrative hearing.
(3) Where a person timely requests a hearing
to review the imposition of a penalty, such hearing must be conducted pursuant
to the provisions of Part 519 of this Title.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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