Section 4616. Appointment of a caretaker

Upon  a determination by the
  council that there exists operational deficiencies in a continuing  care
  retirement community that show:
    1. a condition or conditions in substantial violation of the standards
  for  health,  safety  or patient care established under federal or state
  law or regulations;
    2. or that there exists in the  facility  a  pattern  or  practice  of
  habitual  violation  of  the standards of health, safety or patient care
  established under federal or state law or regulations, the council shall
  take the actions prescribed by section forty-six hundred fifteen of this
  article, and, where the council deems it to be in the  public  interest,
  the  council  may request that the commissioner, and upon request of the
  council  the  commissioner  shall,  petition  a   court   of   competent
  jurisdiction  to  appoint a caretaker as defined in section twenty-eight
  hundred one of this chapter. The  petition,  the  proceedings,  and  the
  procedures  for  appointment  of  a  caretaker  shall be governed by the
  provisions of section forty-six hundred seventeen of this  article,  and
  the  powers, duties and rights of a caretaker appointed pursuant to such
  section shall be the same as those authorized  by  subdivision  four  of
  such section.