N.Y. Comp. Codes R. & Regs. tit. 9 § 7603.2

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

Section 7603.2 - Conditions for applying for a variance

(a) The commissioner may apply to the commission for a variance to requirements of this Chapter when:

(1) compliance with a specific rule or regulation cannot be achieved by the effective date of such rule or regulation;

(2) due to a temporary condition or situation, compliance with a specific rule or regulation cannot be achieved; or

(3) compliance is to be achieved in a manner other than that which is specified in such rule or regulation.

(b) In addition to the conditions cited in subdivision (a) of this section, the commissioner may apply to the commission for a variance to Part 7621 of this Title when the department has established that the programming or other important needs of one or more inmates cannot reasonably be met, or would be inordinately delayed, in the absence of such variance.

(c) The provisions of this Part shall not apply to any requirements of this Chapter where it is specifically stated that variances to such requirements are prohibited.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7603.2

Renumbered from subtitle AA of chapter V New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018