N.Y. Comp. Codes R. & Regs. tit. 14 § 810.9

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

Section 810.9 - Administrative review process

(a) An application for approval of a project that meets the criteria for administrative review in section 810.6 of this Part shall be made in accordance with the provisions of section 810.8(a)-(c) of this Part and the additional provisions of this section.

(b) Local governmental unit review.

If the office determines that the application is eligible for administrative 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 (defined as fourteen (14) days from date of receipt for purpose of this Section) from its receipt of the application, to review the application and provide its recommendations to the office.

(c) If there has been an adverse recommendation of the local governmental unit, the Office shall render a decision on the application. If the applicant objects to the Office's decision the applicant may request an administrative appeal in accordance with Part 831 of this Title.

(d) When a decision on an administrative review is reached, the Commissioner shall notify the applicant and inform them of any additional procedures to be followed for obtaining approval of construction and/or for obtaining an operating certificate based upon the specifics of the project being reviewed. If the applicant does not address the additional procedures within a reasonable period of time as specified by the Office, the application will be deemed abandoned and withdrawn and no other action shall be taken thereon.

(e) An initial operating certificate authorizing the provision of requested services shall be issued for a period of no longer than one year and may be subsequently renewed in accordance with the terms for renewal established in section 810.14 of this Part.

(f) If the services proposed in an approved application require amendment of an existing operating certificate, the services may not be rendered until the effective date indicated on the amended operating certificate issued by the Commissioner.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 810.9

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