(a) The commissioner may revoke, suspend, or limit an operating
certificate upon a determination that the holder of the certificate has
failed to comply with the terms of its operating certificate or with the
provisions of any applicable statute, rule, or regulation. The holder of
the certificate shall be given notice and an opportunity to be heard
prior to any such determination.
(b) The commissioner may impose a fine of up to one thousand dollars
upon a finding that the holder of the certificate has failed to comply
with the terms of its operating certificate or with the provisions of
any applicable statute, rule or regulations.
(c) The penalty provided for in subdivision (b) of this section may be
recovered by an action brought by the commissioner in any court of
competent jurisdiction.
(d) Such penalty may be released or compromised by the commissioner
before the matter has been referred to the attorney general, and where
such matter has been referred to the attorney general, any such penalty
may be released or compromised and any action commenced to recover the
same may be settled or discontinued by the attorney general with the
consent of the commissioner.
(e) It shall be the duty of the attorney general upon the request of
the commissioner to bring an action for an injunction against any person
who violates, disobeys or disregards any term or provision of this
chapter or of any lawful notice, order or regulation pursuant thereto;
provided, however, that the commissioner shall furnish the attorney
general with such material, evidentiary matter or proof as may be
requested by the attorney general for the prosecution of such an action.
(f) Pending a determination pursuant to the foregoing subdivisions,
the commissioner may, upon written notice to the holder thereof, suspend
an operating certificate for not more than thirty days if he or she has
reasonable grounds for finding that the continued operation of the
facility presents an immediate danger to the health and welfare of the
public or of any of the persons receiving the services.
(g) The commissioner shall promulgate rules and regulations
establishing procedures for the imposition of fines, and suspension,
revocation or limitation of operating certificates.
Structure New York Laws
32.01 - Regulation and Quality Control of Chemical Dependence Services.
32.02 - Regulation and Quality Control of Compulsive Gambling Services.
32.03 - Evaluation of Chemical Dependence Services.
32.05 - Operating Certificate Required.
32.05-A - Certified Recovery Residences.
32.06 - Prohibited Practices by Providers of Substance Use Disorder Services.
32.07 - Regulatory Powers of the Commissioner.
32.09 - Issuance of Operating Certificates.
32.11 - Child Abuse Prevention.
32.13 - Investigations and Inspections.
32.14 - Compliance With Operational Standards by Providers of Services in General Hospitals.
32.15 - Powers of the Office Regarding Investigation and Inspection.
32.17 - Certain Duties of Providers of Services.
32.17-A - Notification of Emergency Contact.
32.19 - Powers of Subpoena and Examination.
32.21 - Suspension, Revocation, or Limitation of Operating Certificates and Imposition of Fines.
32.23 - Formal Hearings; Procedure.
32.25 - Confinement, Care, and Treatment of Persons Suffering From Chemical Abuse or Dependence.
32.27 - Injunction and Temporary Restraining Order.
32.29 - Approval of New Construction.
32.31 - Establishment or Incorporation of Facilities for Chemical Dependence Services.
32.33 - Improper Expenditures of Money.
32.35 - Disclosure by Members, Officers and Employees.
32.36 - Crisis Stabilization Services.