N.Y. Comp. Codes R. & Regs. tit. 14 § 853.17

Current through Register Vol. 46, No. 25, June 18, 2024

Section 853.17 - Notifications; right to a hearing

(a)Notification and right to a hearing. Notification of a determination after investigation, determination of penalties, summary action or other remedial actions shall be sent to the credentialed professional or applicant by certified mail, return receipt requested, and e-mail to the most recent mailing address and e-mail address on file with the Office. Such notice shall state the reasons for the determination and action and advise the credentialed person that, if applicable, he or she has thirty (30) days from the date of mailing of the notice to make a written request to the Office for a hearing. Hearing requests must be made in writing. Notices sent to the applicant or credentialed professional's most recent address and e-mail address on file with the Office are deemed received; any change of address that was not communicated in writing to the Office shall not constitute an excuse for failure to make a timely hearing request.

(b)Right to a hearing. Whenever a determination has been made to revoke or suspend a credential, impose a fine, or deny renewal or reinstatement the credentialed professional may choose to request a hearing pursuant to Part 831 of this Title.

(c)Notice of decision after a hearing and final agency determination. Notice of decision and final agency determination shall be sent by the commissioner to the credentialed professional within thirty (30) days of such determination by certified mail, return receipt requested and and email to the most recent mailing address and e-mail address on file with the Office. Such notice shall be deemed received three (3) days after mailing.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 853.17

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register July 15, 2020/Volume XLII, Issue 28, eff. 4/1/2021

Amended New York State Register February 7, 2024/Volume XLVI, Issue 6, eff. 2/7/2024