N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.19

Current through Register Vol. 46, No. 53, December 31, 2024

Section 180-3.19 - Waivers

(a) OCFS, in consultation with SCOC, may grant a written waiver of one or more of the non-statutory requirements of this Subpart. The waiver may be issued at the time of application for an operating certificate or after an operating certificate is issued.

(b) The applicant for, or holder of, an operating certificate must submit a written request to OCFS for any waiver in the manner required by OCFS. The request must include:

(1) each specific regulation for which a waiver is sought;

(2) the reason the waiver is necessary; and

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

(c) As a condition of granting or maintaining a waiver, OCFS may require physical modifications to the facility and/or the adoption of special methods, procedures, and/or policies.

(d) OCFS will grant written approval of a request to waive a regulation only if it determines that granting the waiver will not adversely affect the health, safety or welfare of the youth in the facility and that the intended purpose of the regulation waived will be met.

(e) A waiver may be time-limited, at the discretion of OCFS. The facility must resume compliance with each regulation for which a waiver has been issued upon the expiration of the waiver's time limit, unless the facility has applied for, and received OCFS' approval to continue the waiver.

(f) The facility's failure to adhere to the terms of the waiver and to any alternative measures required by OCFS as a condition of granting the waiver will result in the waiver being rescinded and may constitute sufficient cause for OCFS to limit, suspend, or revoke the facility's operating certificate. OCFS must notify the facility in writing that a waiver has been rescinded, which will become effective on the date the facility receives the notice.

N.Y. Comp. Codes R. & Regs. Tit. 9 §§ 180-3.19

Adopted New York State Register July 25, 2018/Volume XL, Issue 30, eff. 7/25/2018