N.Y. Comp. Codes R. & Regs. tit. 14 § 810.8
Current through Register Vol. 46, No. 45, November 2, 2024
Section 810.8 - Full review process(a)Forms.An application for approval of a project that meets the criteria in section 810.5 of this Part for full review shall be submitted on forms provided by the office, together with such additional information required to address the standards and criteria for approval set forth herein including, but not limited to, instructions on compliance with any required criminal history information review pursuant to Part 805 of this Title.
(b)Signatures.(1) If the applicant is a corporation, individual, association or agency, the application shall be signed by the chief executive officer or other duly authorized officer.(2) If the applicant is a partnership, the application shall be signed by a general partner of such partnership.(3) If the applicant is a local governmental unit, the application shall be signed by the director of community services.(4) If the applicant is a municipal government other than the local governmental unit, the application shall be signed by the head of the department of the municipal government under which the proposed service is to be operated.(5) If the applicant is a State or Federal department or agency, the application shall be signed by the head of such department or agency.(c)Office reviews.(1) Threshold review. Upon receipt of any application indicated by the applicant as being complete, the office will verify that no components of the application are missing. If any components are missing, the application shall be deemed incomplete and returned to the applicant. Applicants may resubmit when the required documentation is provided.(2) Completeness review. (i) The Office shall review the content of each application which has passed the threshold review pursuant to paragraph (1) of this subdivision for completeness and if necessary, notify the applicant within a reasonable time (defined as fourteen (14) days from date of receipt for purposes of this Section) from the Office's receipt of such application, of any lack or insufficiency of information and the need to submit such additional information within a reasonable time (defined as no later than thirty (30) days from date of receipt for purposes of this Section) from the date of such notification.(ii) If the applicant does not provide the additional information within a reasonable time from the date of notification, or within any additional time as may have been approved by the office, the application shall be deemed abandoned and withdrawn and no further action shall be taken thereon.(iii) The office shall provide notice of status to any applicant requiring criminal history information reviews pursuant to Part 805 of this Title; no application shall be considered complete until such history review, if required, has been concluded.(iv) The office may at its discretion, based upon review of required criminal history information, decline to consider an application any further.(d)Local governmental unit review.If the office determines that the application is eligible for full review:
(1) The Office shall provide copies of the completed application and accompanying documents to each local governmental unit in the area of the proposed project. However, when an application is submitted by a local governmental unit, the application shall not require local governmental unit review.(2) The local governmental unit shall have a reasonable time to review the application, commencing with its receipt of the application, and submit its recommendations to the office.(e)Behavioral Health Services Advisory Council.Upon completion of the office's review, a summary of the application with the recommendation of each responding reviewer shall be submitted to the Behavioral Health Services Advisory Council (Advisory Council) for review and recommendation to the Commissioner.
(1) The Commissioner shall make a decision on the application within a reasonable time (defined as no later than fifteen (15) days from date of receipt, purposes of this Section) after their receipt of the recommendations of the Advisory Council.(2) If the Commissioner proposes to act on the application in a manner contrary to the recommendation of the Advisory Council, the Commissioner shall first appear before the Advisory Council and explain the reasons for the action, unless the Advisory Council waives such appearance.(f) When a decision on the application is reached, the Commissioner shall notify the applicant and advise of any additional procedures to be followed for obtaining an operating certificate as applicable. If the applicant does not follow the additional procedures as requested within a reasonable period of time (defined as 180 days from date of receipt for purposes of this Section), the application shall be deemed abandoned and withdrawn, and no further action shall be taken thereon.(g) An initial operating certificate authorizing the provision of new services shall be issued for a period of no longer than one year and may be subsequently renewed in accordance with the term of renewal established by section 810.14 of this Part.(h) No applicant approved in accordance with this section shall provide the approved services until the effective date indicated on the operating certificate issued by the Commissioner.(i)Administrative appeals.If the commissioner proposes to deny or limit the approval of an application, the commissioner shall notify the applicant and the local governmental unit and provide the reasons for the decision and shall afford the applicant an opportunity for an administrative appeal in accordance with Part 831 of this Title.
N.Y. Comp. Codes R. & Regs. Tit. 14 § 810.8
Adopted New York State Register September 9, 2015/Volume XXXVII, Issue 36, eff. 9/9/2015Amended New York State Register August 2, 2023/Volume XLV, Issue 31, eff. 8/2/2023