N.Y. Comp. Codes R. & Regs. tit. 14 § 810.10

Current through Register Vol. 46, No. 25, June 18, 2024

Section 810.10 - Actions requiring prior approval

(a) The following changes and actions require prior approval by the commissioner:

(1) the proposed incorporation of a new corporation under the Business Corporation Law or the Not-for-Profit Corporation Law by an individual association or partnership, previously certified by the Office, which involves no additional owners or holders of stock or voting rights of 10 percent or more, other than those approved for the unincorporated entity;

(2) the change in the name by which a certified provider of services is generally known;

(3) a decrease in the capacity of a service where capacity is identified on the operating certificate; or

(4) a reduction in the majority of owners or principals with prior addiction services experience; or

(5) any change in ownership that would result in non-compliance with Section 810.7(a)(6) of this Part.

(b) Upon receipt of written notification by a provider of services requesting prior approval of the proposed actions listed under subdivision (a) of this section, the office shall, within a reasonable time (defined as fourteen (14) days for purpose of this Section) of its receipt of such notification, advise the applicant whether:

(1) the proposed action is acceptable; or

(2) the proposed action is acceptable, provided that certain identified additional actions are followed in implementing the approved change or action; or

(3) additional information must be submitted to the Office in order to make a determination; or

(4) the proposed action is not approved with a statement of the reasons therefore and, as appropriate, identifying acceptable alternatives to the proposed change or action.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 810.10

Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015

Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023