Opinion
October 11, 1994
Adjudged that the determination is confirmed, and the petition is dismissed on the merits, with costs.
The New York State Department of Social Services (hereinafter the Department) proffered substantial evidence that the petitioner, a dentist and a duly enrolled Medicaid provider, on numerous occasions failed to schedule medically required follow-up appointments with his patients. Accordingly, the Department's determination that the petitioner had failed to meet professionally recognized standards for health care in violation of 18 NYCRR 515.2 (b) (12), must be confirmed (see, Matter of Hunter v. New York City Bd. of Educ., 190 A.D.2d 851).
Contrary to the petitioner's contention, due process of law and the concept of a fair administrative hearing do not require that the actual taking of evidence be before the same Hearing Officer who makes the final determination (see, Matter of Rothkoff v Ratner, 104 Misc.2d 204, 205-206; see also, State Administrative Procedure Act § 303).
Finally, we have reviewed the petitioner's remaining contentions and find them to be without merit (see, Matter of Block v. Ambach, 73 N.Y.2d 323; Matter of Mercy Hosp. v. New York State Dept. of Social Servs., 79 N.Y.2d 197, 207). Mangano, P.J., Thompson, O'Brien and Ritter, JJ., concur.