An emergency OCFS suspension or limitation can shut down (or sharply restrict) a New York child care program before you ever get a hearing. In plain terms: if OCFS finds “imminent danger,” it can temporarily suspend or limit your license/registration on written notice, and the program stays suspended while the case moves forward. That is why this topic is less about “winning later” and more about acting correctly in the first few days — especially because the enforcement rule gives you only 10 days to request a hearing after a suspension/limitation notice. See 18 NYCRR 413.3(d)(2), 18 NYCRR 413.5(b), and Social Services Law § 390(10).
Disclaimer: This article is general information, not legal advice. Deadlines and procedures are unforgiving. If you received an OCFS suspension/limitation notice, consider speaking with a daycare defense attorney immediately.
| Fast answers (bookmark this): • OCFS can temporarily suspend or limit a daycare license/registration without a prior hearing only after an “imminent danger” finding. (18 NYCRR 413.5[a]; Social Services Law § 390[10]) • You generally have 10 days from the date of the written notice of suspension/limitation to request a hearing in writing. (18 NYCRR 413.3[d][2]) • If you request a hearing to contest a temporary suspension/limitation, OCFS must schedule it to commence as soon as possible, but no later than 30 days after OCFS receives your request. (18 NYCRR 413.5[b][1]; Social Services Law § 390[10]) • The suspension generally continues until the imminent-danger condition is corrected or a hearing decision is issued. (18 NYCRR 413.5[b][2]; Social Services Law § 390[10]) • “Imminent danger” includes issues like inadequate supervision, overcapacity/ratio problems, blocked exits, failure to obtain medical treatment (including failure to call 911), sanitation/HVAC failures, and even refusing inspectors access. (18 NYCRR 413.5[a][2]-[3]) |
1) What is an “emergency” OCFS suspension or limitation?
OCFS enforcement comes in different forms. The two most commonly confused actions are:
- Temporary suspension or limitation (emergency): OCFS can temporarily suspend or limit a license/registration without a prior hearing when it finds imminent danger. (18 NYCRR 413.5[a]; Social Services Law § 390[10])
- Revocation/termination/denial (non-emergency): OCFS can seek revocation or deny an application based on violations, but those actions normally proceed with notice and hearing rights on a different timeline. (18 NYCRR 413.3[c]; Social Services Law § 390[10])
If you want the big-picture roadmap (OCFS + DOH + CAPs + Article 78), start here: Protecting Your Daycare License in New York (Complete Guide).
2) What does “imminent danger” mean under 18 NYCRR 413.5?
The enforcement regulation spells out the kinds of situations OCFS treats as imminent danger. Under 18 NYCRR 413.5(a), a temporary suspension/limitation can be issued after written notice when OCFS finds, in substance, one of the following:
- Serious physical injury or death of a child has occurred. (18 NYCRR 413.5[a][1])
- A condition occurred or exists that puts a child at risk of serious harm or death. The regulation gives examples including: inadequate supervision; overcapacity; inappropriate staff-to-child ratios; corporal punishment; failure to obtain appropriate medical treatment (including failure to call 911); blocked exits/means of egress; and failure to maintain adequate sanitation, heating, cooling, or ventilation. (18 NYCRR 413.5[a][2][i]-[vii])
- The program prevents OCFS from effectively assessing whether there is imminent danger (for example, refusing inspectors access to the program/premises/children, or making threats against staff). (18 NYCRR 413.5[a][3])
This last category is the sleeper issue: even if you believe “nothing unsafe is happening,” blocking access can itself support an imminent-danger suspension. The First Department discussed this type of imminent-danger finding in Matter of Riel v. State of N.Y. OCFS (2019), where an ALJ found imminent danger based on refusal to provide inspectors access under 18 NYCRR 413.5(a)(3)(i).
3) The 10-day clock: the deadline to request a hearing (and the 10-day deadline people miss later)
If OCFS issues a temporary suspension or limitation, the enforcement rule provides a short window to demand a hearing. Specifically, 18 NYCRR 413.3(d)(2) states that the holder has 10 days from the date of the written notice of suspension/limitation to request a hearing, and the request must be in writing.
There is a second “10-day” deadline that can surprise providers even after they request the hearing: under 18 NYCRR 413.5(g), you may file an answer to the allegations, and the answer must generally be filed not less than 10 days prior to the hearing date. Treat both deadlines as hard stops and build your calendar backward.
Key deadlines (simple table)
| Deadline | What it controls | Authority (link) |
| 10 days | Request hearing to contest a temporary suspension or limitation (must be in writing). | 18 NYCRR 413.3(d)(2) |
| 30 days | Hearing to contest temporary suspension/limitation must be scheduled to commence no later than 30 days after OCFS receives the request. | 18 NYCRR 413.5(b)(1); Social Services Law § 390(10) |
| 10 days before hearing | Deadline to file a written answer to the notice of hearing (if you choose to answer). | 18 NYCRR 413.5(g)(1) |
| 30 days | Request hearing for revocation, termination, denial, or rejection (different track). | 18 NYCRR 413.3(c)(4) |
4) What happens after you request the hearing (and what happens while you wait)
Once you request the hearing, OCFS must schedule it quickly. The regulation requires the hearing to be scheduled to commence as soon as possible, but no later than 30 days after OCFS receives your request. 18 NYCRR 413.5(b)(1) says this explicitly, and the same timing appears in Social Services Law § 390(10).
Importantly, the rule also states that the suspension continues until the condition requiring suspension/limitation is corrected or a hearing decision is issued. (18 NYCRR 413.5[b][2]; Social Services Law § 390[10].) In other words: requesting a hearing preserves your rights, but it does not automatically reopen the program.
Practical takeaway: while the hearing is being scheduled, your job is to (1) fix the alleged imminent-danger condition as fast as possible, (2) document every corrective step, and (3) prepare a tight evidentiary package for the hearing in case OCFS does not lift the suspension voluntarily.
5) A 72-hour playbook after an emergency suspension notice
Use this as a triage checklist. Every case is fact-specific, but these steps tend to matter across most imminent-danger suspensions:
- Do not ignore the notice. Calendar the 10-day hearing-request deadline immediately (count from the date of the written notice).
- Request the hearing in writing right away and keep proof of delivery (certified mail, overnight, fax confirmation, email receipt – follow the instructions on your notice).
- Preserve evidence: staffing schedules, sign-in/out sheets, camera footage, incident reports, parent communications, photos of the premises, repairs, invoices, training records.
- Correct the claimed imminent-danger condition immediately (ratios/capacity, blocked egress, sanitation/HVAC, supervision plan, medication/medical protocols). Document fixes with time-stamped photos and written logs.
- Avoid making the case worse: cooperate with inspectors. Refusing access can itself support an imminent-danger finding. (18 NYCRR 413.5[a][3])
- Prepare witnesses: who can testify to staffing, supervision, safety checks, and corrective steps?
- Ask counsel to review the notice and help you choose the best path: argue no imminent danger, argue condition corrected, or negotiate a limitation instead of a full suspension.
For CAP strategy and the general “what to do next” workflow, you can also read: Received an OCFS or DOH Violation in New York? What Daycare Providers Should Do Next.
6) How to challenge an “imminent danger” finding (and why Lewis matters)
At the hearing and on judicial review, it helps to separate the questions OCFS sometimes blends together:
- Did the facts support an imminent-danger finding that justified a pre-hearing suspension/limitation?
- Even if a regulation was violated, did OCFS select the correct enforcement tool (temporary suspension vs. limitation vs. later revocation proceeding)?
The Third Department made this distinction explicit in Matter of Lewis v. NYS OCFS (2014): a temporary suspension requires a finding of imminent danger, while revocation is evaluated under a different standard. Lewis is a useful case to cite when the record supports a violation but does not support an imminent-danger emergency closure.
7) “Limitation” can be a practical alternative to full closure
A limitation is an enforcement tool that restricts the terms of your license/registration (for example, reducing capacity, restricting age groups served, or limiting rooms in use). In some cases, offering a concrete limitation plan — backed by documentation — can protect children and keep some portion of the business open while issues are corrected.
The same imminent-danger framework and deadlines still apply to limitations. (18 NYCRR 413.3[d]; 18 NYCRR 413.5[b].)
8) If you lose the hearing: preserving issues for Article 78
If OCFS upholds the suspension/limitation (or later revokes), your next step may be an Article 78 proceeding. Judicial review is technical and deadline-driven. Learn more about Article 78 review here: New York State OCFS Article 78 Appeal Lawyer.
Frequently Asked Questions
Can OCFS suspend a daycare license without a hearing first?
Yes, but only in the limited “imminent danger” situation. The regulations allow a temporary suspension or limitation without a prior hearing after written notice and an imminent-danger finding. You then have the right to a prompt post-suspension hearing.
What counts as “imminent danger” in daycare cases?
The regulation includes serious injury/death, conditions posing risk of serious harm (such as inadequate supervision, overcapacity/ratio violations, blocked exits, sanitation/HVAC failures, or failure to obtain medical treatment), and situations where the program prevents OCFS from assessing safety (such as refusing inspectors access).
What is the deadline to request a hearing after an OCFS emergency suspension or limitation?
Under 18 NYCRR 413.3(d)(2), you have 10 days from the date of the written notice of suspension or limitation to request a hearing in writing.
How quickly must OCFS schedule the hearing once I request it?
If you request a hearing to contest a temporary suspension or limitation, the hearing must be scheduled to commence as soon as possible, but no later than 30 days after OCFS receives the request (18 NYCRR 413.5[b][1]; Social Services Law § 390[10]).
Will my program reopen while I wait for the hearing?
Not automatically. The regulation states the suspension continues until the condition requiring suspension/limitation is corrected or a hearing decision is issued (18 NYCRR 413.5[b][2]; Social Services Law § 390[10]).
What should I do first — fix the issue or fight the finding?
In most cases you do both: fix the alleged imminent-danger condition immediately (and document it), and preserve your rights by requesting the hearing within the deadline. The fastest path back to operations often depends on proof of correction.
Talk to a New York Daycare Defense Attorney
If you received a suspension or limitation notice, time matters. You can learn more about our daycare defense practice here: Brooklyn Daycare Defense Attorney. Or contact us directly here: Contact Gilmer Law Firm, PLLC.
