N.Y. Comp. Codes R. & Regs. tit. 18 § 493.6

Current through Register Vol. 46, No. 45, November 2, 2024

Section 493.6 - Notice of hearing

(a) Where the department has chosen not to provide the operator with a proposed statement of charges, or where there are charges which are not resolved by the parties, a notice of hearing must be served on the operator in person or by certified mail, return receipt requested, at least 30 days prior to the date of the hearing. When the department initiates an action to assess civil penalties pursuant to section 486.5(b) of this Title for operating an adult care facility without a valid operating certificate brought against an operator whose identity is not known to the department, service may be made by posting a copy of the notice of hearing in a conspicuous place at the facility at least 30 days prior to the date of the hearing or by sending a copy of it by certified mail, return receipt requested, addressed to the facility and delivered at least 20 days prior to the date of the hearing.

(b) The notice of hearing must set forth the time and place for the hearing.

(c) In those cases where the department has provided the operator with a proposed statement of charges, if the department amends the proposed statement of charges, the notice of hearing must contain the amended statement of charges, which must comply with the requirements of section 493.3(b)(1) and (2) and (c) of this Part. If the department does not amend the proposed statement of charges, the notice of hearing must contain a copy of the proposed statement of charges. In those cases where the department has not provided the operator with a proposed statement of charges, the notice of hearing must contain a statement of charges which comply with the requirements of section 493.3(b)(1) and (2) and (c) of this Part.

(d) Where an operator requests a hearing to challenge an order of the commissioner issued pursuant to section 460-d(8) of the Social Services Law, the notice of hearing must contain a general statement of the facts, and a citation to the statutes, rules and regulations upon which the order is based.

(e) The hearing notice also must inform the operator:

(1) of the requirement to file a written answer as set forth in section 493.7 of this Part;

(2) of the right to present written or oral evidence at the hearing;

(3) of the right to be represented by an attorney or other representative of the operator's choice;

(4) of the method by which adjournments may be requested;

(5) whether the operating certificate will remain in effect during the course of the hearing and pending the issuance of the hearing decision; and

(6) that the operator may raise issues and present evidence only on those matters included in the answer to the statement of charges.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 493.6