N.Y. Comp. Codes R. & Regs. Tit. 10 § 81.6 - Hearing
(a) Any time within
30 days of the receipt of a copy of a determination made pursuant to this Part,
a person named in such determination as having committed an act of physical
abuse, neglect or mistreatment, or as having failed to report such an incident,
may request in writing that the commissioner amend or expunge the record of
such report, to the extent such report applies to such person, or such written
determination.
(b) If the
commissioner does not comply with such request within 30 days, such person
shall have the right to a fair hearing to determine whether the record of the
report or the written determination should be amended or expunged on the
grounds that the record is inaccurate or the determination is not supported by
the evidence.
(c) The burden of
proof in such hearing shall be on the department.
(d) Whenever information is expunged, the
commissioner shall notify any official notified pursuant to this Part that the
information has been expunged.
Notes
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