§ 3605-A — Proceedings involving the license of a home care services agency

§ 3605-a. Proceedings involving the license of a home care services\nagency. 1. A license of a home care services agency may be revoked,\nsuspended, limited or annulled by the commissioner on proof that it has\nfailed to comply with the provisions of this article or rules and\nregulations promulgated thereunder.\n 2. No such license shall be revoked, suspended, limited, annulled or\ndenied without a hearing. However, a license may be temporarily\nsuspended or limited without a hearing for a period not in excess of\nthirty days upon written notice to the agency following a finding by the\ndepartment that the public health or safety is in imminent danger.\nNotwithstanding the provisions of this section, no licensed home care\nservices agency shall be permitted to operate unless it has registered\nwith the department pursuant to section thirty-six hundred five-b of\nthis article.\n 3. The commissioner shall fix a time and place for the hearing. A copy\nof the charges, together with the notice of the time and place of the\nhearing, shall be served in person or mailed by registered or certified\nmail to the agency at least twenty-one days before the date fixed for\nthe hearing. The agency shall file with the department not less than\neight days prior to the hearing, a written answer to the charges.\n 4. All orders or determinations hereunder shall be subject to review\nas provided in article seventy-eight of the civil practice law and\nrules. Application for such review must be made within sixty days after\nservice in person or by registered or certified mail of a copy of the\norder or determination upon the applicant or agency.\n