N.Y. Comp. Codes R. & Regs. tit. 14 § 700.5

Current through Register Vol. 46, No. 45, November 2, 2024

Section 700.5 - Review based upon request for amendment

(a) The Justice Center shall maintain an administrative appeals unit to conduct reviews of substantiated reports that may be requested by subjects pursuant to Social Services Law section 494(1)(a). The administrative appeals unit shall conduct and complete such reviews of the substantiated report based upon the subject's request for amendment as expeditiously as possible after receipt of the record for review, which shall include the investigative file, the substantiated report, the subject's request for amendment and any additional evidence submitted by the subject.

(b) The administrative appeals unit shall determine after a review of all records, reports and information in its possession concerning the substantiated report whether there is a preponderance of the evidence to find that the subject committed an act or acts of abuse or neglect giving rise to the substantiated report, and if there is a preponderance of the evidence, the category level of abuse or neglect that such act or acts constitute.

(c) Following its review, the administrative appeals unit shall notify the subject of its findings, which may include:

(1) upholding the report in its entirety;

(2) modifying the report; or

(3) finding that the report is unsubstantiated.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 700.5