N.Y. MHY Law § 32.21

§ 32.21 Suspension, revocation, or limitation of operating certificates\n and imposition of fines.\n (a) The commissioner may revoke, suspend, or limit an operating\ncertificate 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.\n (b) The commissioner may impose a fine of up to one thousand dollars\nupon a finding that the holder of the certificate has failed to comply\nwith the terms of its operating certificate or with the provisions of\nany applicable statute, rule or regulations.\n (c) The penalty provided for in subdivision (b) of this section may be\nrecovered by an action brought by the commissioner in any court of\ncompetent jurisdiction.\n (d) Such penalty may be released or compromised by the commissioner\nbefore the matter has been referred to the attorney general, and where\nsuch matter has been referred to the attorney general, any such penalty\nmay be released or compromised and any action commenced to recover the\nsame may be settled or discontinued by the attorney general with the\nconsent of the commissioner.\n (e) It shall be the duty of the attorney general upon the request of\nthe commissioner to bring an action for an injunction against any person\nwho violates, disobeys or disregards any term or provision of this\nchapter or of any lawful notice, order or regulation pursuant thereto;\nprovided, however, that the commissioner shall furnish the attorney\ngeneral with such material, evidentiary matter or proof as may be\nrequested by the attorney general for the prosecution of such an action.\n (f) Pending a determination pursuant to the foregoing subdivisions,\nthe commissioner may, upon written notice to the holder thereof, suspend\nan operating certificate for not more than thirty days if he or she has\nreasonable grounds for finding that the continued operation of the\nfacility presents an immediate danger to the health and welfare of the\npublic or of any of the persons receiving the services.\n (g) The commissioner shall promulgate rules and regulations\nestablishing procedures for the imposition of fines, and suspension,\nrevocation or limitation of operating certificates.\n