§ 31.16 Suspension, revocation, or limitation of an operating\n certificate and imposition of fines by the commissioner of\n mental health.\n (a) The commissioner of mental health may revoke, suspend, or limit an\noperating certificate or impose the penalties described in subparagraph\n(i), (ii) or (iii) of paragraph one of subdivision (b) or in subdivision\n(g) of this section upon a determination that the holder of the\ncertificate has failed to comply with the terms of its operating\ncertificate or with the provisions of any applicable statute, rule or\nregulation. The holder of the certificate shall be given notice and an\nopportunity to be heard prior to any such determination except that no\nsuch notice and opportunity to be heard shall be necessary prior to an\nemergency suspension or limitation of the facility's operating\ncertificate imposed pursuant to paragraph one of subdivision (b) of this\nsection.\n (b) 1. A certificate may be temporarily suspended or limited without a\nhearing for a period not in excess of sixty days upon written notice to\nthe facility following a finding by the office of mental health that a\npatient's health or safety is in imminent danger or there exists any\ncondition or practice or a continuing pattern of conditions or practices\nwhich poses imminent danger to the health or safety of any patient. Upon\nsuch finding and notice, the power of the commissioner temporarily to\nsuspend or limit an operating certificate shall include, but shall not\nbe limited to, the power to:\n (i) Prohibit or limit the placement of new patients in the facility;\n (ii) Remove or cause to be removed some or all of the patients in the\nfacility; or\n (iii) Suspend or limit or cause to be suspended or limited the payment\nof any governmental funds to the facility provided that such action\nshall not in any way jeopardize the health, safety and welfare of any\nperson with a mental illness in such program or facility.\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 may\nrequest the office to reinspect the facility to redetermine whether a\nspecific condition or practice continues to exist. After the receipt of\nsuch a request, the office shall reinspect the facility within ten days\nand in the event that the previously found condition or practice has\nbeen eliminated, the suspension or limitation shall be withdrawn. If the\ncondition or practice has not been eliminated, the commissioner shall\nnot thereafter be required to reinspect the facility during the\nemergency 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\noperating certificate or to revoke, suspend or limit the operating\ncertificate pursuant to subdivision (a) of this section. Should the\ncommissioner choose to revoke, suspend or limit the operating\ncertificate, then the emergency suspension or limitation provided for in\nthis subdivision shall remain in effect pending the outcome of an\nadministrative hearing on the revocation, suspension or limitation.\n 4. The facility operator, within ten days of the date when the\nemergency suspension or limitation pursuant to paragraph one of this\nsubdivision is first imposed or within ten days of the date of receipt\nof notice from the commissioner to revoke, suspend or limit the\nfacility's operating certificate, may request an evidentiary hearing to\ncontest the validity of the emergency suspension or limitation. Such an\nevidentiary hearing shall commence within ten days of the facility\noperator's request and no request for an adjournment shall be granted\nwithout the concurre
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