N.Y. Comp. Codes R. & Regs. Tit. 10 § 83-2.12 - Revocation
(a) The department
may revoke, at any time, the certificate of public advantage, if any of the
following occur:
(1) the department, after
consultation with the Attorney General and, as appropriate, the mental hygiene
agencies, determines that the parties to a certificate of public advantage have
not complied with a condition or terms of such certificate of public
advantage;
(2) the department,
after consultation with the Attorney General and, as appropriate, the mental
hygiene agencies, determines that the benefits or likely benefits of the
cooperative agreement and the unavoidable costs of terminating the agreement do
not continue to outweigh the disadvantages or likely disadvantages resulting
from the agreement;
(3) the
Attorney General or, as appropriate, the mental hygiene agencies, objects to
the continuation of a certificate of public advantage and the department
determines, after consultation with the Attorney General and, as appropriate,
the mental hygiene agencies, that such objections are not overcome by modifying
the cooperative agreement or planning process or changing the conditions
imposed on the certificate of public advantage. Any modifications or changed
conditions must be satisfied by a date set or agreed to by the
department;
(4) the holder of a
certificate of public advantage fails to file a report required by this Subpart
or fails to provide information requested pursuant to a review under this
Subpart, after notice of default; or
(5) a change in State or Federal law or
regulations warrants revocation of the certificate of public
advantage.
(b) Upon a
decision to revoke the certificate of public advantage, the department shall
notify the parties to the certificate of public advantage in writing of its
determination, and any objections or concerns of the department that are part
of the basis for the determination. The parties to the certificate of public
advantage shall have 90 days to respond to such determination, and any
objections or concerns. If the objections or concerns are not resolved to the
satisfaction of the department based on its review of such response, the
department may revoke the certificate.
(c) If the certificate is revoked, the
parties shall be entitled to no benefits under article 29-F of the Public
Health Law and this Subpart, beginning on the date of revocation.
Notes
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