§ 16.17 Suspension, revocation, or limitation of an operating\n certificate.\n (a) The commissioner may revoke, suspend, or limit an operating\ncertificate or impose the penalties described in subparagraph a, b, c or\nd of paragraph one of subdivision (b) or in subdivision (g) of this\nsection upon a determination that the holder of the certificate has\nfailed to comply with the terms of its operating certificate or with the\nprovisions of any applicable statute, rule or regulation. The holder of\nthe certificate shall be given notice and an opportunity to be heard\nprior to any such determination except that no such notice and\nopportunity to be heard shall be necessary prior to an emergency\nsuspension or limitation of the facility's or provider of services'\noperating certificate imposed pursuant to paragraph one of subdivision\n(b) of this section, nor shall such notice and opportunity to be heard\nbe necessary should the commissioner, in his or her discretion, decide\nto issue separate operating certificates to each facility or provider of\nservices formerly included under the services authorized by one\noperating certificate to the provider of services.\n (b) (1) An operating certificate may be temporarily suspended or\nlimited without a prior hearing for a period not in excess of sixty days\nupon written notice to the facility or provider of services following a\nfinding by the office for people with developmental disabilities that a\nindividual's health or safety is in imminent danger. Upon such finding\nand notice, the power of the commissioner temporarily to suspend or\nlimit an operating certificate shall include, but shall not be limited\nto, the power to:\n a. Prohibit or limit the placement of new individuals in the facility\nor services;\n b. Remove or cause to be removed some or all of the individuals in the\nfacility or services;\n c. Suspend or limit or cause to be suspended or limited the payment of\nany governmental funds to the facility or provider of services provided\nthat such action shall not in any way jeopardize the health, safety and\nwelfare of any person with a developmental disability in such program or\nfacility or services;\n d. Prohibit or limit the placement of new individuals, remove or cause\nto be removed some or all individuals, or suspend or limit or cause to\nbe suspended or limited the payment of any governmental funds, in or to\nany one or more of the facilities or provider of services authorized\npursuant to an operating certificate.\n (2) At any time subsequent to the suspension or limitation of any\noperating certificate pursuant to paragraph one of this subdivision\nwhere said suspension or limitation is the result of correctable\nphysical plant, staffing or program deficiencies, the facility or\nprovider of services may request the office to review the facility or\nprovider of services to redetermine whether a physical plant, staffing\nor program deficiency continues to exist. After the receipt of such a\nrequest, the office shall review the facility or provider of services\nwithin ten days and in the event that the previously found physical\nplant, staffing or program deficiency has been corrected, the suspension\nor limitation shall be withdrawn. If the physical plant, staffing or\nprogram deficiency has not been corrected, the commissioner shall not\nthereafter be required to review the facility or provider of services\nduring the emergency period of suspension or limitation.\n (3) During the sixty day suspension or limitation period provided for\nin paragraph one of this subdivision the commissioner shall determine\nwhether to reinstate or remove the limitations on the facility's or\nprovider of services' operating certificate or to revoke, suspend or\nlimit the operating certificate pursuant to subdivision (a) of this\nsection. Should the commissioner choose to revoke, suspend or limit the\noperating certificate, then the emergency suspension or limitation\n
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