Section 3605-A. Proceedings involving the license of a home care services agency  


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  • 1. A license of a home care  services  agency  may  be  revoked,
      suspended,  limited or annulled by the commissioner on proof that it has
      failed to comply with the  provisions  of  this  article  or  rules  and
      regulations promulgated thereunder.
        2.  No  such license shall be revoked, suspended, limited, annulled or
      denied  without  a  hearing.  However,  a  license  may  be  temporarily
      suspended  or  limited  without  a hearing for a period not in excess of
      thirty days upon written notice to the agency following a finding by the
      department that the public health or safety is in imminent danger.
        3. The commissioner shall fix a time and place for the hearing. A copy
      of the charges, together with the notice of the time and  place  of  the
      hearing,  shall be served in person or mailed by registered or certified
      mail to the agency at least twenty-one days before the  date  fixed  for
      the  hearing.  The  agency  shall file with the department not less than
      eight days prior to the hearing, a written answer to the charges.
        4. All orders or determinations hereunder shall be subject  to  review
      as  provided  in  article  seventy-eight  of  the civil practice law and
      rules. Application for such review must be made within sixty days  after
      service  in  person  or by registered or certified mail of a copy of the
      order or determination upon the applicant or agency.