N.Y. Public Health Law 2897-A – Proceedings for suspension or revocation
§ 2897-a. Proceedings for suspension or revocation. 1. Proceedings against any licensed or registered nursing home administrator under this section shall be begun by filing with the board a written charge or charges in the form of a petition under oath against such nursing home administrator. The charges may be preferred by any person, corporation, association or public officer, or by the board or department in the first instance. A report of such investigation as the department shall deem proper shall be provided on request of the board.
Terms Used In N.Y. Public Health Law 2897-A
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Board: means the board of examiners of nursing home administrators as provided for in this article. See N.Y. Public Health Law 2895-A
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Nursing home: means a facility issued an operating certificate as a nursing home pursuant to article twenty-eight of this chapter. See N.Y. Public Health Law 2895-A
- Nursing home administrator: means an individual who is charged with and has responsibility for the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals. See N.Y. Public Health Law 2895-A
- Oath: A promise to tell the truth.
- Summons: Another word for subpoena used by the criminal justice system.
2. If the board decides that the charges should be heard, the board shall designate a hearing officer to hear and report on the charges and shall set a time and place for the hearing. A copy of the charges, together with a notice of the time and place of hearing, shall be served on the accused at least fifteen days before the date fixed for the hearing personally in the same manner as a summons in a civil action, or by certified or registered mail addressed to the last known address of the licensee.
3. The respondent in all such cases brought under this section shall, at least five days before the return date of the petition containing the charges, file with the board a verified answer, in duplicate, to the allegations set forth in said petition. The accused shall have the opportunity at such hearing to appear either personally or by counsel, to cross-examine witnesses against him and to produce evidence and witnesses in his defense.
4. Upon the conclusion of the hearing, the hearing officer shall make a written report of his findings and conclusions to the board. The board shall thereupon take such action upon said findings and conclusions as it deems proper. If the accused is found not guilty by the board, it shall order a dismissal of the charges and his exoneration. If the accused is found guilty of the charges, or any of them, the board shall, in its discretion, issue an order suspending, revoking or annulling the license or registration of the accused, assessing a civil penalty and otherwise disciplining him.
5. Where the license or registration of any person has been revoked or annulled, as herein provided, the board may, after the expiration of two years, entertain an application for restoration of such license or registration.
6. A licensed nursing home administrator whose license or registration has been suspended, revoked or annulled, or who is otherwise disciplined under this article, may commence a proceeding under Article 78 of the civil practice law and rules in the supreme court, Albany county, for the purpose of reviewing such determination, but no such determination shall be stayed or enjoined except after notice to the attorney general of the commencement of the proceeding.