N.Y. Comp. Codes R. & Regs. Tit. 18 § 485.7 - Renewal
(a) The operator of
a facility subject to this Part, excluding shelters for adults that are
addressed in Part 491 of this Title, shall be required to submit an application
for renewal of an operating certificate, on forms and in the manner prescribed
by the department, no more than 90 nor less than 45 days prior to expiration of
said certificate. Such application shall include appropriate financial data,
any new contracts, leases or rental agreements and documentation that the
facility is in compliance with applicable regulations, codes and
ordinances.
(b) Renewal shall be
dependent upon demonstration of the operator's continuing ability to operate
the facility in compliance with department regulations.
(c) If application is made for renewal by an
operator of a facility for which the department has issued a statement of
charges, or by an operator who is or has been within the period of the prior
operating certificate an incorporator, director, sponsor, principal stockholder
or operator of any other adult-care facility, community residence or
residential health-care facility for which enforcement action has been
initiated for failure to meet the standards of that department or agency, the
department may deny or withhold renewal until the operator submits
documentation which affirmatively demonstrates that the operator is competent
to continue operation of the facility for which renewal is sought.
(d) Failure to submit an application for
renewal of an operating certificate within the time limits established by
subdivision (a) of this section may constitute grounds for the imposition of
civil penalties or for denial of that or any subsequent application for
renewal.
(e) Failure to submit an
application for renewal will be considered surrender of an operating
certificate. The operator must submit a plan for closure as required by section
485.5(j)
of this Part and must remain responsible for operating the facility in
compliance with applicable department regulations until closure or transfer of
all residents is accomplished.
(f)
If the department determines that an application for renewal of an operating
certificate should not be approved, or that an operating certificate should be
limited or modified, the department must give notice to the operator. The
operator may, in writing and in accordance with Part 343 of this Title, request
administrative review of a decision by the department not to renew his or her
operating certificate. The department must schedule an administrative hearing
to provide an operator, whose certificate is to be limited or modified, with an
opportunity to contest the department's determination. In no event will the
limitation or modification take effect prior to the 30th day after the date of
the notice or prior to the effective date specified in the notice or prior to
the date of the hearing decision, whichever is later.
Notes
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No prior version found.