2013 New York Consolidated Laws
PBH - Public Health
Article 36 - (3600 - 3622) HOME CARE SERVICES
3605-A - Proceedings involving the license of a home care services agency.

 
    §  3605-a.  Proceedings  involving the license of a home care services
  agency. 1. A license of a home care  services  agency  may  be  revoked,
  suspended,  limited or annulled by the commissioner on proof that it has
  failed to comply with the  provisions  of  this  article  or  rules  and
  regulations promulgated thereunder.
    2.  No  such license shall be revoked, suspended, limited, annulled or
  denied  without  a  hearing.  However,  a  license  may  be  temporarily
  suspended  or  limited  without  a hearing for a period not in excess of
  thirty days upon written notice to the agency following a finding by the
  department that the public health or safety is in imminent danger.
    3. The commissioner shall fix a time and place for the hearing. A copy
  of the charges, together with the notice of the time and  place  of  the
  hearing,  shall be served in person or mailed by registered or certified
  mail to the agency at least twenty-one days before the  date  fixed  for
  the  hearing.  The  agency  shall file with the department not less than
  eight days prior to the hearing, a written answer to the charges.
    4. All orders or determinations hereunder shall be subject  to  review
  as  provided  in  article  seventy-eight  of  the civil practice law and
  rules. Application for such review must be made within sixty days  after
  service  in  person  or by registered or certified mail of a copy of the
  order or determination upon the applicant or agency.