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This entry was published on 2014-09-22
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SECTION 2897-A
Proceedings for suspension or revocation
Public Health (PBH) CHAPTER 45, ARTICLE 28-D, TITLE 3
§ 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 Where the license or registration of any person has been revoked or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.