N.Y. Comp. Codes R. & Regs. tit. 18 § 425.4

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

Section 425.4 - Issuance, suspension or revocation of permits

(a) An application for a permit to operate a day services program must be made to the department in the manner prescribed in this Part and on forms furnished by the department.

(1) Upon request, the department must furnish to such applicant information, application forms, and a list of required documentation necessary to complete an application for a permit.

(2) Within 30 days of the receipt of the application and required documentation, written notice of any omissions or deficiencies in the application or documentation must be given by the department to the applicant.

(3) An investigation to determine the applicant's compliance with department regulations must be conducted by the department, and must be completed within 60 days after the receipt of the application and all supporting documentation.

(4) A notice of approval or denial of the application must be issued by the department within 15 days after the completion of the investigation and, if the application is approved, the permit must be issued to the applicant.

(5) If the application is denied, the department must give written notice of the denial to the applicant, informing him or her of the reasons therefor and the applicant's right to request a hearing before the department.

(b) Duration. A permit to operate a day services program is valid for up to five years from the date of issuance and may be renewed or continued without further application, provided that at the time of such renewal or continuation, the day services program is in compliance with all regulations of the department, and there exist no outstanding or unresolved complaints with respect to the day services program. Such permits may be suspended or revoked at any time for failure to comply with regualtions of the department or for good cause.

(c) The department for good cause shown may revoke or suspend any operating permit by notice in writing, informing him or her of the reasons therefor and the applicant's right to request a hearing before the department.

(d)

(1) The applicant's request for a hearing before the department must be made within 30 days of receipt of the written notice of denial, suspension or revocation.

(2) A decision on the application must be made within 30 days of the hearing, and must be communicated to the applicant in writing within five working days of the date of the decision.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 425.4