N.Y. Mental Hygiene Law § 32.21: Suspension, revocation, or limitation of operating certificates and imposition of fines

§ 32.21 Suspension, revocation, or limitation of operating certificates

and imposition of fines.

(a) The commissioner may revoke, suspend, or limit an operating

certificate upon a determination that the holder of the certificate has

failed to comply with the terms of its operating certificate or with the

provisions of any applicable statute, rule, or regulation. The holder of

the certificate shall be given notice and an opportunity to be heard

prior to any such determination.

(b) The commissioner may impose a fine of up to one thousand dollars

upon a finding that the holder of the certificate has failed to comply

with the terms of its operating certificate or with the provisions of

any applicable statute, rule or regulations.

(c) The penalty provided for in subdivision (b) of this section may be

recovered by an action brought by the commissioner in any court of

competent jurisdiction.

(d) Such penalty may be released or compromised by the commissioner

before the matter has been referred to the attorney general, and where

such matter has been referred to the attorney general, any such penalty

may be released or compromised and any action commenced to recover the

same may be settled or discontinued by the attorney general with the

consent of the commissioner.

(e) It shall be the duty of the attorney general upon the request of

the commissioner to bring an action for an injunction against any person

who violates, disobeys or disregards any term or provision of this

chapter or of any lawful notice, order or regulation pursuant thereto;

provided, however, that the commissioner shall furnish the attorney

general with such material, evidentiary matter or proof as may be

requested by the attorney general for the prosecution of such an action.

(f) Pending a determination pursuant to the foregoing subdivisions,

the commissioner may, upon written notice to the holder thereof, suspend

an operating certificate for not more than thirty days if he or she has

reasonable grounds for finding that the continued operation of the

facility presents an immediate danger to the health and welfare of the

public or of any of the persons receiving the services.

(g) The commissioner shall promulgate rules and regulations

establishing procedures for the imposition of fines, and suspension,

revocation or limitation of operating certificates.