N.Y. Comp. Codes R. & Regs. tit. 18 § 343.3
Current through Register Vol. 46, No. 45, November 2, 2024
Section 343.3 - Notice of hearing(a) A notice of hearing for those actions described in section 343.2(a) of this Part shall be served in person or by certified mail addressed to the operator of the facility, at least 30 days prior to the date of the hearing.(b) A notice of hearing for those actions described in section 343.2(b) of this Part must be served in person or by certified mail addressed to the appellant at least 30 days prior to the date of the hearing.(c) For a hearing held to revoke, suspend, modify or limit an operating certificate, the notice must specify the time and place of the hearing, the proposed action and the charges which are the basis for the proposed action. The charges must specify the statutes, rules and regulations, or other applicable requirements of law with which the facility failed to comply and must include a brief statement of the facts pertaining to such noncompliance.(d) For a hearing held to review the denial of an original operating certificate, or the denial of an application to renew an operating certificate, the notice shall specify the time and place of the hearing and the charges which are the basis for the denial. The charges shall specify the statutes, rules and regulations, or other applicable requirements of law upon which the denial was based and shall include a brief statement of the facts pertaining to the denial.(e) The notice of hearing must also inform the operator of the facility, or the applicant for an initial operating certificate:(1) of its opportunity to present evidence and argument on issues of fact or law at the hearing;(2) of its right to be represented by an attorney-at-law or other representative of its choice;(3) of the method by which adjournments may be requested for good cause; and(4) that its operating certificate will be extended during the course of a hearing and pending the hearing decision.N.Y. Comp. Codes R. & Regs. Tit. 18 § 343.3