N.Y. Comp. Codes R. & Regs. tit. 18 § 450.10

Current through Register Vol. 46, No. 15, April 10, 2024

Section 450.10 - Waivers

(a) Any provision of other Parts of this Title notwithstanding, a written waiver of one or more of the nonstatutory requirements of this Part or of Part 441, 442, 447 or 448 of this Title may be issued by the office to an applicant for, or the holder of, an operating certificate from the office to operate a limited secure facility under this Part. The waiver may be issued at the time of application for an operating certificate or subsequent to the issuance of an operating certificate. A facility which applies for a waiver subsequent to the issuance of an operating certificate must operate in full compliance with the regulations at all times prior to the issuance of a waiver.

(b) An applicant for, or holder of, a certificate to operate a limited secure facility must submit to the office, in writing, any request for a waiver pursuant to this section. The office may prescribe a form to be used for waiver requests. The application for a waiver must include:

(1) the specific regulation or regulations for which a waiver is sought;

(2) the reason a waiver is necessary; and

(3) a description of what will be done to achieve or maintain the intended purpose of the regulation or regulations for which a waiver is sought and to protect the health, safety and welfare of the youth in the facility.

(c) The office may require the applicant for, or holder of, an operating certificate to make physical plant modifications, and/or to adopt special methods, procedures, and/or policies to protect the health, safety and welfare of youth as a condition of granting and maintaining a waiver granted pursuant to this section.

(d) Written approval of a request for a waiver will be granted only pursuant to a determination by the office that the proposed waiver will not adversely affect the health, safety or welfare of the youth in the facility and that the intended purpose of the regulation or regulations to be waived will be met.

(e) Waivers may be time limited, at the discretion of the office. Where a waiver is time limited, the facility may apply for a continuation of the waiver. If the facility does not apply for a continuation of the time-limited waiver or the continuation of the time-limited waiver is not granted by the office, the facility must resume compliance with the regulation or regulations for which the waiver had been issued upon the expiration of the waiver.

(f) Failure to adhere to the terms of the waiver and to any alternative measures required by the office as a condition of granting the waiver will result in recision of the waiver and may constitute sufficient cause for the office to limit, suspend, or revoke the operating certificate of the facility for which the waiver was granted. The office must notify the facility in writing of the recision of a waiver, and the recision will become effective upon the receipt by the facility of the written notification. The written notification of the recision may be communicated through personal delivery, electronic mail, telefax or regular mail, at the discretion of the office.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 450.10

Adopted New York State Register November 4, 2015/Volume XXXVII, Issue 44, eff.11/4/2015