New York Laws
Article 46-A - Fee-for-Service Continuing Care Retirement Communities Demonstration Program
4668 - Revocation, Suspension or Annulment of Certificate of Authority.

§ 4668. Revocation, suspension or annulment of certificate of
authority. 1. The council may revoke, suspend, limit or annul the
certificate of authority of an operator upon proof that:

a. The operator failed to continue to meet the requirements for the
authority originally granted;

b. The operator lacked one or more of the qualifications for the
certificate of authority as specified by this article;

c. The operator made a material misstatement, misrepresentation, or
committed fraud in obtaining the certificate of authority, or in
attempting to obtain the same;

d. The operator lacked fitness or was untrustworthy;

e. The operator engaged in fraudulent or dishonest practices of
management in the conduct of business under the certificate of
authority;

f. The operator converted or withheld funds;

g. The operator failed to comply with, or violated, any proper order,
rule or regulation of the council or violated any provision of this
article;

h. The unsound business practices of the operator renders its further
transactions in this state hazardous or injurious to the public;

i. The operator has refused to be examined or to produce its accounts,
records and files for examination, or its officers, employees or
controlling persons have refused to give information with respect to the
affairs of the community or to perform any other legal obligation as to
such examination; or

j. The commissioner has found violations of applicable statutes, rules
or regulations which threaten to affect directly the health, safety, or
welfare of a resident of a fee-for-service continuing care retirement
community.

2. No certificate of authority shall be revoked, suspended, limited or
annulled without a hearing, except that a certificate of authority may
be temporarily suspended or limited prior to a hearing for a period not
in excess of sixty days upon written notice to the operator following a
finding by the commissioner that public health or safety is in imminent
danger or there exists any condition or practice or a continuing pattern
of conditions or practices that pose an imminent danger to the health or
safety of any resident. Any delay in the hearing process occasioned by
the operator shall toll the running of said suspension or limitation and
shall not abridge the full time provided in this subdivision.

3. Any state agency which seeks to revoke, suspend, limit or annul the
certificate of authority or any other license or certificate required to
be obtained by an operator of a community pursuant to law, shall request
the council to commence a hearing pursuant to this section.

4. The council shall fix a time and place for the hearing. The
commissioner shall cause to be served in person or mailed by registered
or certified mail to the operator at least ten days before the date
fixed for the hearing a copy of the charges, together with the notice of
the time and place of the hearing. The operator shall file with the
commissioner not less than three days prior to the hearing a written
answer to the charges. The agency which initiated the proceeding shall
be responsible for providing evidence in support of the charges to the
commissioner in order to prepare a statement of charges and shall
provide evidence in support of the charges at the hearing.

5. All orders pursuant to this section shall be subject to review as
provided in article seventy-eight of the civil practice law and rules.
Application for such review shall be made within sixty days after
service in person or by registered or certified mail of a copy of the
order upon the operator.