N.Y. Comp. Codes R. & Regs. tit. 18 § 452.6

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

Section 452.6 - Renewal of the operating certificate

(a) A provider of a residential program for victims of domestic violence must submit an application for renewal of the operating certificate to the Office at least 45 days prior to the expiration of said certificate. Such application must be made on the forms prescribed by the Office and, with the exception of safe homes and safe dwellings, must include a copy of the most recent local inspection of the facility as required by section 452.4(c) of this Part.

(b) Failure to submit an application for renewal of an operating certificate within the time limits established by subdivision (a) of this section may, at the discretion of the Office, constitute grounds for denial of any subsequent application for renewal.

(c) In accordance with the State Administrative Procedure Act (SAPA) Section 401, when a provider has submitted an application for renewal in a timely manner, the existing operating certificate will not expire until the application has been finally determined by the Office.

(d) Renewal will be dependent upon current fiscal viability, demonstration of the continued ability of the provider to operate the residential program in compliance with regulations, and, for programs for which section 452.4(c) of this Part applies, demonstration of satisfactory compliance with the State and local health, sanitation, fire safety and building code requirements, where applicable.

(e) Following review of the renewal application and any required inspection report, the Office will determine whether the residential program is in compliance with Office regulations, and if a satisfactory recommendation is issued, the operating certificate will be renewed for a period up to, but no more than, three years.

(f) If the Office proposes to deny the application for renewal, the provider will be notified of the reasons for denial, the right to a hearing and the date, time and place of the hearing, in accordance to the procedures established by Part 343 of this Title. The Office may take additional enforcement action concurrent with the denial.

(1) Any violation of applicable statutes or regulations may constitute the basis for denial of the renewal application.

(i) The notification for such hearing must be to the provider at least 30 days prior to the date of the hearing, in accordance to the procedures of Part 343 of this Title.

(ii) The denial will become final if the provider fails to request an adjournment within the 30-day period or does not appear at the hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.6

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