Section 493.2 - General.

493.2 General. (a) To revoke, suspend, limit, or modify an operating certificate, or to assess a civil penalty against an operator for failing to operate in compliance with the Social Services Law or this Title, or for operating a facility without a valid operating certificate, the department must hold a hearing in accordance with the procedures established in this Part, except as stated in subdivision (b) of this section.

(b) The department may temporarily suspend or limit an operating certificate without a hearing for 60 days or less if the department finds that the public health, or an individual's health, safety or welfare, is in imminent danger. If the department 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 Part, the temporary suspension will remain in effect until a decision is issued. The department also may issue an order to the operator to correct immediately a condition which constitutes a danger to the physical or mental health of the facility's residents. Such an order will remain in effect unless reversed by a decision issued after a hearing held under this Part.

(c) Upon the denial of an application for, or renewal of, an operating certificate, the operator has the right to a hearing to challenge the denial. The department must notify the operator of the denial by certified mail, return receipt requested, and must include in the notice of denial the grounds upon which the denial is based, and a statement that the operator may request a hearing to review the denial by mailing a request for a hearing to the department's office of administrative hearings, bureau of special hearings, post-marked within 60 days of the operator's receipt of the department's notification of denial. The notice of denial also must advise the operator that failure to request a hearing in the manner provided in this subdivision within this 60 day period will preclude the operator from challenging the department's determination at a hearing.

(d) The parties may enter into a stipulation to settle any action described in subdivisions (a), (b) and (c) of this section and this stipulation may include the requirement that the operator pay a civil penalty.

(e) When an operating certificate expires during the course of a hearing to revoke, suspend or limit the operating certificate, the department may temporarily extend the operating certificate until the hearing decision is issued.

(f) When an operator requests a hearing to review the denial of an application to renew an operating certificate, the operating certificate remains in effect until either the hearing decision is issued, the operator withdraws the hearing request or the operator fails to appear at the hearing.

Doc Status: 
Complete
Effective Date: 
Wednesday, January 4, 2006