N.Y. Comp. Codes R. & Regs. tit. 18 § 452.5

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

Section 452.5 - Operating certificates: general provisions, enforcement and hearings

(a) Issuance. An operating certificate will be issued to a residential program for victims of domestic violence only when it has been determined after a review of the completed application and supporting documentation submitted by the program, and an onsite inspection of the domestic violence shelter or domestic violence mixed occupancy shelter by the Office, has determined the program is in compliance with all applicable regulations.

(b) Duration. An operating certificate will be valid for up to three years from date of issuance and only for the premises specified and may be limited, suspended or revoked at any time for failure to comply with regulations of the Office or for just cause.

(c) General provisions.

(1) The certificate must be prominently displayed in the shelter, domestic violence program or mixed occupancy shelter, network office, or sponsoring agency office.

(2) The certificate will specify the maximum number of residents who may be in residence at the residential program for victims of domestic violence at any one time, or the maximum number of safe homes or safe dwellings which may be approved. For domestic violence sponsoring agencies, the certificate will also specify the maximum number of residents for each safe dwelling at any one time.

(3) There will be no fee for the issuance of an operating certificate.

(4) Certificates are not transferable.

(d) Enforcement actions. Any violation of applicable statutes or regulations may be a basis for OCFS to limit, suspend, revoke or terminate an operating certificate, or for just cause.

(1) As outlined in section 452.8(f) of this subpart, the Office must provide a written report to the provider identifying any regulatory violations and a time frame for the correction. Failure on the part of the provider to complete corrective action within the timeframe specified or approved by the Office will constitute sufficient cause for the Office to commence enforcement action to limit, suspend or revoke an operating certificate.

(2) The Office may limit an operating certificate to restrict any aspect of program operations until deficient conditions are corrected, and the program is deemed to be in compliance with regulations. Limiting an operating certificate includes, but is not restricted to, actions such as the closing or reducing of program admissions, reducing the total number of persons who may receive services through the program or eliminating or modifying any aspect of the program or program services.

(3) The Office may suspend an operating certificate for a period of time until the program can demonstrate that it has corrected the endangering conditions or deficiencies and is in compliance with the regulations. During the period of suspension, a program must not provide residential services to eligible individuals.

(4) The Office may revoke an operating certificate for the remainder of its designated term based upon the presence of endangering conditions or significant deficiencies. In this situation, the residential program is deemed to be closed and is no longer authorized to provide residential services to eligible individuals.

(e) Hearings.

(1) Before an operating certificate is limited, suspended, or revoked, the Office will provide at least 30 days prior notice to the provider or applicant of the time and place of the hearing in accordance with the procedures established in Part 343 of this Title.

(i) The limitation, suspension or revocation will become final if the applicant or holder fails to request an adjournment within the 30-day period or does not appear at the hearing.

(ii) The Office may require the program to post the revocation of licensure on the premises of the facility.

(2) Notwithstanding paragraph (1) of this subdivision, an operating certificate may be temporarily limited or suspended in its terms without a hearing upon a finding by the Office that health, safety or welfare of a resident is in imminent danger. In such circumstances, the Office will provide written notification to the residential program.

(i) The provider has 10 days from the date of the temporary limitation or suspension of the operating certificate to request a hearing from the Office. Such request must be made in writing.

(ii) Failure to contest the temporary limitation or suspension will be prima facie evidence that the finding of imminent danger is valid, and the temporary suspension will continue in effect until the Office has determined the condition requiring such suspension is corrected or the operating certificate is permanently revoked or terminated.

(iii) The temporary suspension will continue in effect until the Office has determined that the condition requiring such suspension is corrected, the operating certificate is permanently revoked or terminated, or a hearing decision orders the lifting of the suspension or limitation.

(3) A notice of hearing will be served in person or by certified mail addressed to the provider at the last address provided to the Office, at least 30 days prior to the date of the hearing. The notice will specify the time and place of the hearing, the proposed action and the charges which are the basis for the proposed actions. The charges will specify the statutes, rules and regulations, or other applicable requirements of law with which the provider failed to comply and will include a brief statement of the facts pertaining to such noncompliance.

(4) When an enforcement is commenced against a provider that operates multiple residential domestic violence facilities, the Office may assess the health and safety of the residents in the other domestic violence facilities operated by the provider and take appropriate action to protect the health and safety of the residents when warranted.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.5

Adopted New York State Register April 1, 2020/Volume XLII, Issue 13, eff.4/1/2020