Section 765-1.8 - Revocation, limitation or annulment of Public Health Council approval

765-1.8 Revocation, limitation or annulment of Public Health Council approval. (a) An approval may be revoked, limited or annulled by the Public Health Council if the council finds that:

(1) the approved operator has been guilty of fraud or deceit in procuring such approval or has made statements or furnished information in support of the application which were not true, accurate or complete in any material respect;

(2) the agency's license has been revoked, limited or annulled pursuant to the applicable provisions of law;

(3) the approved operator has failed to comply with the applicable provisions of article 36 of the Public Health Law or the rules and regulations promulgated thereunder which threatened, or resulted in, direct significant harm to the health, safety or welfare of patients;

(4) the approved operator has been convicted, in a court of competent jurisdiction, either within or without the State, of a crime; or

(5) the approved operator has transferred ownership interest in the operation of the agency or the operator has terminated participation in the operation of the agency without prior approval of the Public Health Council, or a controlling person has exercised control of the operator of such agency without obtaining Public Health Council prior approval.

(b) For purposes of this section, approved operator shall include any person, partnership or partner thereof, governmental subdivision, and any corporation or principal stockholder, officer or director thereof, actual or proposed, whose application for licensure has been approved, regardless of whether a license has been issued.

(c) No approval shall be revoked, limited or annulled under this section without first offering the approved operator the opportunity for a public hearing.
 

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