N.Y. Comp. Codes R. & Regs. tit. 18 § 452.3

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

Section 452.3 - Application for operating certificate

(a) No place, person, association, corporation, institution or agency may operate a residential program for victims of domestic violence without a current certificate issued by the Office.

(b) All applications for a certificate to operate a residential program for victims of domestic violence must be made to the Office in the manner prescribed in this Part and on forms furnished by the Office.

(c) Upon request, the Office will furnish application forms and a list of required supporting documentation necessary to complete an application for an operating certificate.

(d) Applicants for a certificate to operate a residential program for victims of domestic violence must submit all documentation required in section 452.4 of this Part within 90 days of the date of filing an application with the Office. Failure to comply with these requirements will be considered a withdrawal from the application process, unless the Office extends such time period.

(e) Written notice of any omissions or deficiencies in the application or supporting documentation will be given by the Office to the applicant.

(f) An applicant for a certificate to operate a residential program for victims of domestic violence or a residential program for victims of domestic violence may submit to the Office an alternative plan to satisfy any non-statutory requirement of this Part. The plan must include the regulatory requirement involved and how the alternative plan will satisfy the intended purpose of the requirement. The Office must approve the alternative plan where the Office determines that such plan satisfies the intent of the regulatory requirement.

(g) A review to determine the applicant's compliance with Office requirements will be conducted by the Office after the receipt of the application and all required supporting documentation.

(h) A notice of approval or denial of the application will be issued by the Office after the completion of the review and, if the application is approved, an operating certificate will be issued to the applicant.

(i) If an application is denied, the Office will give written notice of the denial to the applicant, informing the applicant of the reasons for the denial, and of the applicant's right to request a hearing before a hearing Officer designated by the Office in accordance with the procedures set forth in Part 343 of this Title.

(j) The applicant's request for a hearing to review the denial of an application for an operating certificate must be made within 60 days after the written notice of denial. The Office will respond to an applicant's request for a hearing within 90 days after the receipt of the request for a hearing.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 452.3

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