§ 16.27 Residential facilities; receivership.\n (a) The operator of any facility may at any time request the office to\ntake over the operation of such facility by the appointment of a\nreceiver. Upon receiving such a request, the office may, if it deems\nsuch action desirable, enter into an agreement with any such operators\nwith respect to the appointment of a receiver to take charge of the\nfacility under conditions as found acceptable by both parties.\nReceivership commenced in accordance with the provisions of this\nsubdivision shall terminate at such time as may be provided in the\nreceivership agreement, or one hundred twenty days after the receipt by\neither party of written notice that the other party wishes to terminate\nsuch receivership.\n (b) (1) a. If the commissioner has reason to believe that it is\nnecessary to protect the health, safety and welfare of the persons with\ndevelopmental disabilities in a residential facility, at the time of\ntemporary suspension of the operating certificate of such a facility or\nupon issuance of a notice of intention to revoke or suspend the\noperating certificate of such a facility pursuant to section 16.17 of\nthis article, or at the time of any notice of disapproval of an\napplication for issuance or renewal of such certificate pursuant to\nsection 16.05 of this article, the commissioner may apply to the supreme\ncourt in the county where the facility is situated for an order to show\ncause why a receiver should not be appointed to take charge of the\nfacility. The supreme court shall, upon the request of the commissioner,\nand upon determining that the notice was properly issued and that the\nhealth, safety and welfare of the persons with developmental\ndisabilities would be served by the appointment of a receiver to operate\nthe facility, appoint a receiver to commence operating the facility upon\nthe effective date of the revocation, suspension, temporary suspension,\ndenial or nonrenewal of the operating certificate of such facility.\n b. The receiver should, where reasonably possible, be a voluntary\nassociation or not-for-profit corporation which holds a valid and\ncurrent operating certificate for a residential facility pursuant to\nsection 16.05 of this article (or which shall satisfactorily demonstrate\nits lawful qualifications for such operating certificate) with the\napproval of the commissioner, an employee of the office or other\ndesignee.\n c. Such application for an order to show cause, shall contain proof by\naffidavit that the commissioner has temporarily suspended the facility's\noperating certificate or has issued a notice of intention to revoke,\nsuspend, or deny issuance or renewal of its operating certificate.\n d. In the case of a temporary suspension of an operating certificate,\na temporary receiver may be appointed and a temporary restraining order\nmay be granted. If the commissioner demonstrates that, unless a\ntemporary receiver is appointed and a temporary restraining order is\ngranted before a hearing can be held, the health or safety of any person\nwith developmental disabilities will be in imminent danger or that\nproperty necessary to the operation of the facility will be in imminent\ndanger of removal or destruction, a temporary receivership and a\ntemporary restraining order may be granted without notice. The temporary\nreceivership and temporary restraining order shall be in effect pending\na determination of the order to show cause.\n e. The order to show cause why a receiver should not be appointed\nshall be returnable not less than five days after service is completed;\nprovided, however, that in the case of an appointment of a temporary\nreceiver without notice to the owner or operator pursuant to\nsubparagraph d of this paragraph, the order to show cause shall be\nreturnable no more than fourteen days from the appointment of a\ntemporary receiver.\n f. The order to show cause shall provide for personal service of a\ncopy there
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