N.Y. Comp. Codes R. & Regs. tit. 15 § 172.3

Current through Register Vol. 46, No. 43, October 23, 2024

Section 172.3 - Plan development and submission; approval

(a) The plan shall be submitted annually and shall include revenue estimates and proposed expenditures for a local government's fiscal year. In accordance with article 43-A of the Vehicle and Traffic Law, plans should avoid the duplication of existing programs funded or operated by either the State or any municipality. Therefore, plans which proposed expenditures for activities previously funded by State or municipal funds other than STOP-DWI funds will not be eligible for approval.

(b) The plan shall be submitted, in a form prescribed by the commissioner, no later than 90 days prior to the beginning of the local fiscal year. The coordinator may request an extension to allow for submission at a later date. No such extension shall be deemed granted except in writing by the commissioner.

(c) Approval of a plan by the commissioner will be made only after prior approval and documented endorsement of the plan by the local governing body. Documentation of endorsement is to be in the form of a copy of the local resolution adopting the plan and authorizing expenditures after approval of the plan by the commissioner.

(d) Expenditures in a given fiscal year may only be made prior to the approval of a plan by the commissioner when:

(1) the county has been granted an extension of the prior year's plan by the commissioner, in writing; or

(2) the county has submitted a plan as required by subdivision (b) of this section, and such expenditures of the plan are not disapproved by the commissioner within 90 days of plan submission.

(e) Written notification of all plan amendments and budget modifications which propose either expenditures in previously unfunded areas or items or increased expenditures in previously funded areas or items must be sent to the commissioner. In the case of previously unfunded areas or items, such notifications must be sent at least 15 days prior to the expenditure. Written approval by the commissioner is required of such budget modifications only if the sum total of all budget modifications within a fiscal year exceeds 10 percent of the originally approved budget.

(f) The coordinator must maintain a separate file of all contracts made a part of the plan, and the plan must include a summary description of each such contract.

(g) Programs which are funded by both STOP-DWI and other sources shall clearly identify the cost components to be financed by STOP-DWI.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 172.3