N.Y. Comp. Codes R. & Regs. tit. 18 § 343.5

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

Section 343.5 - Expedited hearings, procedure

(a) Whenever the commissioner, or his or her designee, after investigation, finds that any person, agency or facility which operates a residential care program for children is causing, engaging in or maintaining a condition or activity which constitutes a danger to the physical or mental health of the residents of such residential care program, and that it therefore appears to be prejudicial to the interests of such residents to delay action for 30 days until an opportunity for a hearing can be provided, the commissioner or his or her designee must order the person, agency or facility by written notice, setting forth the basis for such finding, to discontinue such dangerous condition or activity or take certain action immediately or within a specified period of less than 30 days.

(b) The operator of a facility may file an answer to the allegations contained in a notice of hearing. The answer shall be in writing and shall be filed with the department within 10 days after the notice is mailed to the facility.

(c) Either upon receipt of the answer, or upon the expiration of the 10-day period provided for in subdivision (b) of this section, the department shall schedule a hearing to be held in accordance with the procedure in this Part, except that the hearing shall be scheduled within 30 days of the issuance of the order as provided for in subdivision (a) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 343.5