§ 2897-A — Proceedings for suspension or revocation

§ 2897-a. Proceedings for suspension or revocation. 1. Proceedings\nagainst any licensed or registered nursing home administrator under this\nsection shall be begun by filing with the board a written charge or\ncharges in the form of a petition under oath against such nursing home\nadministrator. The charges may be preferred by any person, corporation,\nassociation or public officer, or by the board or department in the\nfirst instance. A report of such investigation as the department shall\ndeem proper shall be provided on request of the board.\n 2. If the board decides that the charges should be heard, the board\nshall designate a hearing officer to hear and report on the charges and\nshall set a time and place for the hearing. A copy of the charges,\ntogether with a notice of the time and place of hearing, shall be served\non the accused at least fifteen days before the date fixed for the\nhearing personally in the same manner as a summons in a civil action, or\nby certified or registered mail addressed to the last known address of\nthe licensee.\n 3. The respondent in all such cases brought under this section shall,\nat least five days before the return date of the petition containing the\ncharges, file with the board a verified answer, in duplicate, to the\nallegations set forth in said petition. The accused shall have the\nopportunity at such hearing to appear either personally or by counsel,\nto cross-examine witnesses against him and to produce evidence and\nwitnesses in his defense.\n 4. Upon the conclusion of the hearing, the hearing officer shall make\na written report of his findings and conclusions to the board. The board\nshall thereupon take such action upon said findings and conclusions as\nit deems proper. If the accused is found not guilty by the board, it\nshall order a dismissal of the charges and his exoneration. If the\naccused is found guilty of the charges, or any of them, the board shall,\nin its discretion, issue an order suspending, revoking or annulling the\nlicense or registration of the accused, assessing a civil penalty and\notherwise disciplining him.\n 5. Where the license or registration of any person has been revoked or\nannulled, as herein provided, the board may, after the expiration of two\nyears, entertain an application for restoration of such license or\nregistration.\n 6. A licensed nursing home administrator whose license or registration\nhas been suspended, revoked or annulled, or who is otherwise disciplined\nunder this article, may commence a proceeding under article\nseventy-eight of the civil practice law and rules in the supreme court,\nAlbany county, for the purpose of reviewing such determination, but no\nsuch determination shall be stayed or enjoined except after notice to\nthe attorney general of the commencement of the proceeding.\n