Section 493.1 - Definitions.

Section 493.1 Definitions. (a) Commissioner. Commissioner means the New York State Commissioner of Social Services or the commissioner's designee.

(b) Commissioner's designee means an attorney employed by the department who is authorized by the commissioner to issue hearing decisions.

(c) Department. Department means the New York State Department of Social Services.

(d) Hearing. Hearing means a formal procedure by which the department:

(1) determines to assess a civil penalty against the operator of a facility for failing to operate a facility in compliance with this Title, as authorized by section 460-d(7) of the Social Services Law; or

(2) determines to assess a civil penalty against the operator of a facility who does not possess a valid operating certificate and reviews an order sent to such operator to close the facility, as authorized by section 460-d(9) of the Social Services Law;

(3) reviews the denial of an application for, or for renewal of, an operating certificate, as authorized by section 493.2(c) of this Part;

(4) determines to revoke, suspend or limit an operating certificate, as authorized by section 460-d(4) (b) of the Social Services Law; or

(5) determines to modify an operating certificate, as authorized by section 461-b(7) of the Social Services Law.

(e) Expedited hearing. Expedited hearing means the procedure by which an operator has an opportunity to challenge an order of the commissioner made under section 460-d(8) of the Social Services Law, or a temporary suspension of an operating certificate made under section 460-d(4) of the Social Services Law.

(f) Facility. Facility means an adult care facility, as defined in section 2(21) of the Social Services Law, which provides residential care and services to adults and which is subject to inspection and supervision by the department under article 7 of the Social Services Law.

(g) Hearing officer. Hearing officer means an attorney who is employed by the department and authorized by the commissioner to preside at hearings.

(h) Operator. Operator means a natural person or persons, a corporation, a social services district, or other governmental agency which operates a certified or uncertified adult care facility, or which has applied for a certificate to operate an adult care facility.

(i) Operating certificate. Operating certificate means a time-limited, non-transferable document issued by the department to signify approval to operate an adult care facility.

 

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