New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter C - Social Services › Article 4 - Residential Programs for Victimes of Domestic Violence › Part 452 - GENERAL PROVISIONS › Section 452.3 - Application for operating certificate

Current through Register Vol. 46, No. 28, July 10, 2024
(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.