N.Y. Comp. Codes R. & Regs. tit. 9 § 9850.13

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

Section 9850.13 - Decision after hearing

(a) The hearing decision shall be made and issued in accordance with the agreement between the Department of Health and the panel and shall be based exclusively on the record and transcript of the hearing. In reaching a decision, memoranda of law of the parties, if any, may be reviewed and noted. The decision shall be in writing and shall describe the issues, recite the relevant facts, the pertinent provisions of law and regulations, make appropriate findings, determine the issues, state reasons for the determinations and, when appropriate, direct specific action.

(b) A copy of such decision shall be mailed to the provider and the provider's attorney or representative, if any, and to the contractor and executive director.

(c) In the event that a decision is adverse to the provider, in whole or in part, the provider shall be given notice of the right to judicial review in accordance with the provisions of article 78 of the Civil Practice Law and Rules.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 9850.13