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This entry was published on 2018-04-20
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Proceedings involving the license of a home care services agency
Public Health (PBH) CHAPTER 45, ARTICLE 36
§ 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.
Notwithstanding the provisions of this section, no licensed home care
services agency shall be permitted to operate unless it has registered
with the department pursuant to section thirty-six hundred five-b of
this article.

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.