N.Y. Public Health Law § 2897-a: Proceedings for suspension or revocation

§ 2897-a. Proceedings for suspension or revocation. 1. Proceedings

against any licensed or registered nursing home administrator under this

section shall be begun by filing with the board a written charge or

charges in the form of a petition under oath against such nursing home

administrator. The charges may be preferred by any person, corporation,

association or public officer, or by the board or department in the

first instance. A report of such investigation as the department shall

deem proper shall be provided on request of the board.

2. If the board decides that the charges should be heard, the board

shall designate a hearing officer to hear and report on the charges and

shall set a time and place for the hearing. A copy of the charges,

together with a notice of the time and place of hearing, shall be served

on the accused at least fifteen days before the date fixed for the

hearing personally in the same manner as a summons in a civil action, or

by certified or registered mail addressed to the last known address of

the licensee.

3. The respondent in all such cases brought under this section shall,

at least five days before the return date of the petition containing the

charges, file with the board a verified answer, in duplicate, to the

allegations set forth in said petition. The accused shall have the

opportunity at such hearing to appear either personally or by counsel,

to cross-examine witnesses against him and to produce evidence and

witnesses in his defense.

4. Upon the conclusion of the hearing, the hearing officer shall make

a written report of his findings and conclusions to the board. The board

shall thereupon take such action upon said findings and conclusions as

it deems proper. If the accused is found not guilty by the board, it

shall order a dismissal of the charges and his exoneration. If the

accused is found guilty of the charges, or any of them, the board shall,

in its discretion, issue an order suspending, revoking or annulling the

license or registration of the accused, assessing a civil penalty and

otherwise disciplining him.

5. Where the license or registration of any person has been revoked or

annulled, as herein provided, the board may, after the expiration of two

years, entertain an application for restoration of such license or

registration.

6. A licensed nursing home administrator whose license or registration

has been suspended, revoked or annulled, or who is otherwise disciplined

under this article, may commence a proceeding under article

seventy-eight of the civil practice law and rules in the supreme court,

Albany county, for the purpose of reviewing such determination, but no

such determination shall be stayed or enjoined except after notice to

the attorney general of the commencement of the proceeding.