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
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 with respect to the conduct
of such an investigation as belong to referees appointed by the Supreme Court
of the State of New York.
(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 they 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 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 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 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 the State regulations at any shelter for 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 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.
