Section 901.17 - Revocation, suspension or annulment of certificate of authority

901.17 Revocation, suspension or annulment of certificate of authority. (a) The Life Care Community Council may revoke, suspend, limit or annul the certificate of authority of an established operator upon proof that;

(1) the established operator failed to continue to meet the requirements for the authority originally granted;

(2) the established operator made a material misstatement, misrepresentation, or committed fraud in obtaining the certificate of authority, or in attempting to obtain the same, or in subsequent submissions to the council or participating agencies;

(3) the established operator lacked fitness or was untrustworthy;

(4) the established operator engaged in fraudulent or dishonest practices of management in the conduct of business under the certificate of authority;

(5) the established operator converted or withheld funds;

(6) the established operator failed to comply with, or violated, any proper order, rule or regulation of the council or violated any provision of Article 46 of the Public Health Law.

(7) the established operator failed to commence or substantially complete construction of the life care community within six months of the approved start or completion dates;

(8) the unsound business practices of the established operator renders its further transactions in this state hazardous or injurious to the public;

(9) the established operator refused to be examined or to produce its accounts, records, and files for examination, by the New York State Departments of Health, Insurance or Social Service or the operator's officers, employees, or controlling persons have refused to give pertinent information with respect to the affairs of the community or to perform any other legal obligation as required by said departments;

(10) the Superintendent of Insurance has made a determination that the established operator is insolvent pursuant to applicable regulation of the New York State Department of Insurance; or

(11) the Commissioner of Health or the Commissioner of Social Services has found violations of applicable statutes, rules or regulations which threaten to affect directly the health, safety or welfare of a resident of a life care community; or

(12) the established operator has failed to comply with any contingencies specified in the certificate of authority approval.

(b) For purposes of this section, established operator shall include any person, partnership or general partner thereof, and any corporation, or any officer and member of the board of directors thereof, actual or proposed, and any controlling person of an established operator, whose application for certificate of authority has been approved, regardless of whether a certificate of authority has been issued.

(c)(1) The provisions of Part 51 of this Title shall apply to adjudicatory proceedings held pursuant to this section provided, however, that notice of hearing and statement of charges shall be served at least 10 days prior to the date of the hearing.

(2) Any public hearing held pursuant to this section shall be conducted by the council, a committee of the council, or by any individual designated by the council.
 

Effective Date: 
Wednesday, July 1, 1992
Doc Status: 
Complete