(a) A license for health-related services under this article may be
revoked, suspended, limited, annulled or denied by the commissioner, in
consultation with the office of children and family services, if an
authorized agency is determined to have failed to comply with the
provisions of this article or the rules and regulations promulgated
thereunder. No action taken against a license under this subdivision
shall affect an authorized agency's license to care for or board
children unless the commissioner of the office of children and family
services determines, pursuant to the regulations of such office, that
the existing circumstances make it necessary to limit, suspend or revoke
the authority of the authorized agency to care for or board children.
(b) No such license shall be revoked, suspended, limited, annulled or
denied without a hearing. However, a license may be temporarily
suspended or limited without a hearing for a period not in excess of
thirty days upon written notice that the continuation of health-related
services places the public health or safety of the recipients in
imminent danger.
(c) The commissioner shall fix a time and place for the hearing. A
copy of the charges, together with the notice of the time and place of
the hearing, shall be served in person or mailed by registered or
certified mail to the authorized agency at least twenty-one days before
the date fixed for the hearing. The authorized agency shall file with
the department not less than eight days prior to the hearing, a written
answer to the charges.
(d) All orders or determinations hereunder shall be subject to review
as provided in article seventy-eight of the civil practice law and
rules. Application for such review must be made within sixty days after
service in person or by registered or certified mail of a copy of the
order or determination upon the applicant or agency.