N.Y. Comp. Codes R. & Regs. tit. 9 § 7405.7

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

Section 7405.7 - Disciplinary sanctions

(a) If the charges against a resident are affirmed as a result of a hearing, one or more of the following sanctions may be imposed based upon the resident's past record and the severity of the offense:

(1) counseling and/or written reprimand;

(2) loss of one or more specified privileges for a period consistent with the facility rules of resident conduct for the particular offense(s);

(3) restitution for the loss or damage of property made from existing or future funds in the resident's account;

(4) loss of a specified period of good behavior allowance, subject to restoration pursuant to applicable laws and regulations; and

(5) the assigning of a facility service activity for a length of time not to exceed 40 days.

(b) Disciplinary sanctions may be imposed at the completion of the disciplinary hearing and prior to any appeal by the resident.

(c) The hearing officer may hold the commencement of a sanction in abeyance for a period of up to 120 days in order to assess the behavioral adjustment of the resident. At the conclusion of such period, the hearing officer shall determine whether the sanction shall commence in whole, in part or shall be suspended in whole or in part.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7405.7

Renumbered from subtitle AA of chapter III New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018