N.Y. Comp. Codes R. & Regs. tit. 18 § 441.26

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

Section 441.26 - Waivers

(a) Any provision of other Parts of this Title notwithstanding, a written waiver of one or more of the non-statutory requirements of this of this Part may be issued be the Office to an applicant for, or the holder of, a license or an operating certificate from the Office to operate a program or facility pursuant to this Title. Provided however, that no program or facility may apply for a waiver for any requirements regarding non-discrimination. A waiver pursuant to this section may be issued at the time of application for a license or operating certificate to become a program or facility pursuant to this Title. A program or facility which applies for a waiver subsequent to the issuance of a license or operating certificate, must operate in full compliance with the regulations at all times prior to the issuance of a waiver.

(b) An applicant for, or holder of, a license or certificate to operate a program or facility pursuant to this Title must submit to the office, in writing, any request for a waiver pursuant to this section. The Office may prescribe a form to be used for waiver requests. The application for a waiver must include:

(1) The specific regulation or regulations for which a waiver is sought;

(2) The reason a waiver is necessary; and

(3) A description of what will be done to achieve or maintain the intended purpose of the regulation or regulations for which a waiver is sought and to protect the health, safety and welfare of the youth in the program or facility.

(c) The Office may require the applicant for, or holder of, a license or operating certificate to make physical plant modifications, and/or to adopt special methods, procedures, and/or policies to protect the health, safety and welfare of youth as a condition of granting and maintaining a waiver granted pursuant to this section.

(d) Written approval of a request for a waiver will be granted only pursuant to a determination by the Office that the proposed waiver will not adversely affect the health, safety or welfare of the youth in the program or facility and that the intended purpose of the regulation or regulations to be waived will be met.

(e) Waivers may be time limited, at the discretion of the Office. Where a waiver is time limited, the program or facility may apply for a continuation of the waiver. If the program or facility does not apply for a continuation of the time-limited waiver or the continuation of the time-limited waiver is not granted by the Office, the program or facility must resume compliance with the regulation or regulations for which the waiver had been issued upon the expiration of the waiver.

(f) Failure to adhere to the terms of the waiver and to any alternative measures required by the Office as a condition of granting the waiver will result in recission of the waiver and may constitute sufficient cause for the Office to limit, suspend, or revoke the license or operating certificate of the facility or program for which the waiver was granted. The Office must notify the program or facility in writing of the recission of a waiver, and the recission will become effective upon the receipt by the program of the written notification. The written notification of the recission may be communicated through personal delivery, electronic mail, telefax or regular mail, at the discretion of the Office.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.26

Adopted New York State Register March 9, 2022/Volume XLIV, Issue 10, eff. 3/9/2022