State Codes and Statutes

Statutes > New-york > Pbh > Article-36 > 3605-a

§  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.

State Codes and Statutes

Statutes > New-york > Pbh > Article-36 > 3605-a

§  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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Pbh > Article-36 > 3605-a

§  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.