The letter from DOH that petitioner claims was a final agency determination merely informed petitioners of DOH's view that they require an operating certificate and of the penalties they faced should they be found after a hearing to be operating without a required operating certificate. Since DOH can impose no penalties until after petitioners have had a full evidentiary hearing on the licensure issue (Social Services Law § 460-d [9] [a]; 18 NYCRR part 493), petitioners...
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