§ 4-02 Request for Hearing.
RCNY § 4-02
(a)A hospital has the right to an administrative hearing to challenge the final audit report and may request such a hearing within 30 days of receipt of the final audit report which shall be presumed to be five days from the date of mailing.
(b)The request for hearing shall be in writing and shall be delivered or mailed to the BFA's Director, who will forward such request to the New York City Office of Administrative Trials and Hearings (OATH) for scheduling on the calendar. It shall be accompanied by a copy of the final audit report which is to be the subject of the hearing and shall include the following additional information: (1) the specific item or items to which objections are made; (2) the factual basis for the objections; and (3) any legal authority for the objections.
(c)When a timely request for a hearing has been made, a hearing shall be held, except when the request has been withdrawn or abandoned by the hospital.
(1)A request for a hearing shall be considered withdrawn only upon receipt of a written statement or by the making of a statement on the record at the hearing by the hospital or by the hospital's attorney or representative.
(2)A request for a hearing shall be considered abandoned if, without good cause, neither the hospital nor the hospital's attorney or representative appears at the time and place designated for the hearing.
(d)Upon receipt of a request for a hearing, the BFA's Director shall: (1) have OATH designate an Administrative Law Judge to hear, report and recommend; and establish a time and place for such hearing; (2) notify the hospital of the time and place of such hearing at least 15 days before the commencement of the hearing; (3) include in a notice of hearing a statement: (i) of those issues which are controverted and to be determined at the hearing; (ii) of the legal authority and jurisdiction under which the hearing is to be held, and a reference to the particular sections of the law and rules involved; (iii) of the hospital's right to be represented by an attorney or other representative, to cross-examination, to present evidence and produce witnesses on the hospital's own behalf; and (iv) that the burden of proof at the hearing shall be on the hospital. (Renumbered City Record 6/29/2018, eff. 7/29/2018)
