2013 New York Consolidated Laws
PBH - Public Health
Article 46-A - (4650 - 4676) FEE-FOR-SERVICE CONTINUING CARE RETIREMENT COMMUNITIES DEMONSTRATION PROGRAM
4668 - Revocation, suspension or annulment of certificate of authority.

 
    §   4668.  Revocation,  suspension  or  annulment  of  certificate  of
  authority. 1. The council  may  revoke,  suspend,  limit  or  annul  the
  certificate of authority of an operator upon proof that:
    a.  The  operator  failed to continue to meet the requirements for the
  authority originally granted;
    b. The operator lacked one or  more  of  the  qualifications  for  the
  certificate of authority as specified by this article;
    c.  The  operator  made a material misstatement, misrepresentation, or
  committed fraud  in  obtaining  the  certificate  of  authority,  or  in
  attempting to obtain the same;
    d. The operator lacked fitness or was untrustworthy;
    e.  The  operator  engaged  in  fraudulent  or  dishonest practices of
  management  in  the  conduct  of  business  under  the  certificate   of
  authority;
    f. The operator converted or withheld funds;
    g.  The operator failed to comply with, or violated, any proper order,
  rule or regulation of the council or  violated  any  provision  of  this
  article;
    h.  The unsound business practices of the operator renders its further
  transactions in this state hazardous or injurious to the public;
    i. The operator has refused to be examined or to produce its accounts,
  records and  files  for  examination,  or  its  officers,  employees  or
  controlling persons have refused to give information with respect to the
  affairs  of the community or to perform any other legal obligation as to
  such examination; or
    j. The commissioner has found violations of applicable statutes, rules
  or regulations which threaten to affect directly the health, safety,  or
  welfare  of  a  resident of a fee-for-service continuing care retirement
  community.
    2. No certificate of authority shall be revoked, suspended, limited or
  annulled without a hearing, except that a certificate of  authority  may
  be  temporarily suspended or limited prior to a hearing for a period not
  in excess of sixty days upon written notice to the operator following  a
  finding  by the commissioner that public health or safety is in imminent
  danger or there exists any condition or practice or a continuing pattern
  of conditions or practices that pose an imminent danger to the health or
  safety of any resident. Any delay in the hearing process  occasioned  by
  the operator shall toll the running of said suspension or limitation and
  shall not abridge the full time provided in this subdivision.
    3. Any state agency which seeks to revoke, suspend, limit or annul the
  certificate of authority or any other license or certificate required to
  be obtained by an operator of a community pursuant to law, shall request
  the council to commence a hearing pursuant to this section.
    4.  The  council  shall  fix  a  time  and  place for the hearing. The
  commissioner shall cause to be served in person or mailed by  registered
  or  certified  mail  to  the  operator at least ten days before the date
  fixed for the hearing a copy of the charges, together with the notice of
  the time and place of the hearing. The  operator  shall  file  with  the
  commissioner  not  less  than  three days prior to the hearing a written
  answer to the charges. The agency which initiated the  proceeding  shall
  be  responsible  for providing evidence in support of the charges to the
  commissioner in order to  prepare  a  statement  of  charges  and  shall
  provide evidence in support of the charges at the hearing.
    5.  All  orders pursuant to this section shall be subject to review as
  provided in article seventy-eight of the civil practice law  and  rules.
  Application  for  such  review  shall  be  made  within sixty days after
  service in person or by registered or certified mail of a  copy  of  the
  order upon the operator.