Title: Section 493.7 - Answer.

493.7 Answer. (a) The operator must file a written answer to any factual allegation or point of law in the statement of charges which is contained in the notice of hearing, by either hand delivering the answer to the department's counsel's office in Albany during normal business hours, or mailing the answer, so that it is received by the department's counsel's office in Albany within the following time limits:

(1) The answer must be received by the department no less than five days before the scheduled hearing date in an action to assess a civil penalty against the operator of a facility who does not possess a valid operating certificate issued pursuant to section 460-d(9) of the Social Services Law.

(2) The answer must be received by the department no less than 10 days before the scheduled hearing date in an action to assess a civil penalty against the operator of a facility for failing to operate a facility in compliance with this Title or section 460-d(7) of the Social Services Law, or in an action to revoke, suspend or limit an operating certificate pursuant to section 460-d(4) (b) of the Social Services Law.

(3) The answer must be either hand-delivered or, if mailed, postmarked no less than 15 days before the scheduled hearing date in an action to review the denial of an application for, or renewal of, an operating certificate under section 493.2(c) of this Part, or in an action to modify an operating certificate pursuant to section 461-b(7) of the Social Services Law.

(b) The answer must:

(1) specifically admit or deny each charge. Any charge not specifically denied will be deemed admitted, and the operator will not be permitted to deny the charge at any later time;

(2) set forth with specificity the operator's position with respect to each charge which is denied. The operator must state the legal and factual basis for denying the charge, and must submit copies of all documents such as supporting letters, charts, graphs and photographs in support of the operator's position; and

(3) list the witnesses whom the operator intends to present and a statement indicating the substance of their anticipated testimony.

(c) If the operator fails to file an answer to the notice of hearing, the response to the proposed statement of charges filed pursuant to section 493.4 of this Part, if one has been filed, will be deemed to be the answer.

 

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VOLUME B-1 (Title 18)

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