Section 95.1 Filing of complaint.

A person claiming to be aggrieved by an unlawful discriminatory practice as defined in subdivision 1 of section 206-a of the Public Health Law may file with the commissioner at the principal office of the department a written complaint signed and verified by the complainant personally, or by his attorney if the material allegations of the complaint are within the attorney's personal knowledge.
 

95.2 Contents of complaint.

The complaint shall set forth the name and address of the complainant, his professional qualifications, the name and address of the hospital whose governing body is alleged to have committed the unlawful discriminatory practice complained of, the staff membership or the professional privileges sought by the complainant, a statement in detail of the alleged unlawful discriminatory practice, and the medical group practice or nonprofit health insurance plan participated in by the complainant.
 

95.3 Initial investigation.

The complaint shall be investigated promptly by a deputy commissioner or other officer of the department delegated by the commissioner or his duly authorized representative. If the investigating officer shall determine that the complaint does not state facts sufficient to constitute a charge of unlawful discriminatory practice or, after investigation, that probable cause does not exist for crediting the allegations of the complaint, he shall so advise the commissioner who, in his discretion, may issue and cause to be served on the complainant and the respondent hospital governing body a notice of dismissal of the complaint.
 

95.4 Preliminary conference.

If the investigating officer shall determine after investigation that probable cause exists for crediting the allegations of the complaint, he shall by conference with the parties endeavor to accomplish a voluntary elimination of the unlawful discriminatory practice involved in the complaint. If the respondent voluntarily ceases and desists from the unlawful discriminatory practice, the commissioner shall issue an order terminating the proceeding upon such terms and conditions as he shall deem proper.
 

95.5 Notice of complaint.

In the event that the unlawful discriminatory practice is not eliminated voluntarily, or prior to such elimination if the commissioner deems it advisable to do so, the commissioner shall cause to be issued and served on such member or members of the respondent hospital governing body as he shall consider appropriate, a written notice with a copy of the complaint, as it may have been amended, requiring the person served to answer the complaint and to appear at a hearing before the commissioner or a hearing officer designated by him, other than the investigating officer, at a place specified in the notice and at a specified time which shall be not less than 20 days subsequent to the issuance of the notice.
 

95.6 Time for answer.

The respondent hospital governing body may, at least five days prior to the date specified in the notice of hearing, file a written verified answer to the complaint and serve a copy thereof upon the complainant personally or by mail addressed to the complainant at his address as set forth in the complaint.
 

95.7 Pre-hearing procedures.

At a pre-hearing conference or at any other time on motion of any party, or on motion of the hearing officer, on notice to the parties, and upon such terms and conditions as in the discretion of the hearing officer may seem proper, the hearing officer may:

(a) order or allow a party to serve an amended complaint or answer;

(b) direct pre-trial disclosure of evidence and discovery and inspection of books, records and documents;

(c) permit the taking of depositions for use at the hearing;

(d) limit or restrict the number of experts to be heard as witnesses;

(e) clarify and define the issues to be tried;

(f) adjourn the hearing to such times and places as he shall deem proper.
 

95.8 Subpoenas.

The commissioner or any person designated by him for the purpose may issue subpoenas and administer oaths in connection with any investigation or hearing conducted under section 206-a of the Public Health Law and shall issue subpoenas at the request of and in behalf of a party.
 

95.9 Conduct of the hearing.

At the hearing the complainant and the respondent may appear personally or otherwise and shall have the right of counsel, to cross-examine witnesses and to produce evidence and witnesses in his or its behalf. The technical rules of evidence shall be dispensed within the conduct of the hearing.
 

95.10 Stenographic record.

A stenographic record shall be made of the hearing. Upon request, a transcript will be made available for examination. Copies may be procured upon payment of the charge therefor.
 

95.11 Decision of hearing officer.

The hearing officer shall state his findings of fact in a written decision based upon a consideration of all the evidence in the record. The hearing officer shall file his decision with the commissioner within 30 days of the conclusion of the hearing.
 

95.12 Order of commissioner.

If the hearing officer shall find that a respondent has engaged in an unlawful discriminatory practice as defined in section 206-a of the Public Health Law, the commissioner shall issue and cause to be served on the respondent an order requiring the respondent to cease and desist from the unlawful discriminatory practice. If the hearing officer shall find that a respondent has not engaged in an unlawful discriminatory practice, the commissioner shall issue and cause to be served on the complainant and respondent an order dismissing the complaint as to such respondent.
 

SUBCHAPTER P
Licensure and Practice of Nursing Home Administration
PART
96 Licensure and Practice of Nursing Home Administration