reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter O - Physician's Assistants; Prohibited Discrimination In Hospital Staff Appointments And Privileges › Part 95 - Discrimination In Physician Staff Appointments And Privileges Based On Participation In A Medical Group Practice Or Non-profit Health Insurance Plan › Section 95.12 - Order of commissioner

Current through Register Vol. 46, No. 28, July 10, 2024
If the hearing officer shall find that a respondent has
					 engaged in an unlawful discriminatory practice as defined in section 206-a  of the Public Health Law, the
					 commissioner shall issue and cause to be served on the respondent an order
					 requiring the respondent to cease and desist from the unlawful discriminatory
					 practice. If the hearing officer shall find that a respondent has not engaged
					 in an unlawful discriminatory practice, the commissioner shall issue and cause
					 to be served on the complainant and respondent an order dismissing the
					 complaint as to such respondent.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.2 - Board of examiners; general powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Board by majority vote of the whole
				  number shall adopt and amend rules and regulations, to be certified by the
				  commissioner prior to filing with the Secretary of State, to effectuate the
				  provisions and purposes of article 28-D of the Public Health Law.
(b) The Board shall take such actions as may
				  be necessary to enable the State to meet the requirements set forth in section
				  1908 of the Social Security Act, the Federal rules and regulations promulgated
				  thereunder and other pertinent Federal authority.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.3 - Board of examiners; officers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term of office of the members of the
				  Board shall be three years and shall expire on June 30 three years from the
				  year of the appointment. No more than three (3) Board members may be appointed
				  for a term that expires during the same year.
(b) The Board shall select from among its
				  members a chair and vice-chair at least one of which shall be a licensed and
				  currently registered New York State nursing home administrator.
(c) The chair shall preside at all meetings
				  of the Board and shall sign all official documents of the Board.
(d) In addition to the duties imposed by law,
				  the secretary shall attend all meetings of the Board; keep a full and complete
				  record of the minutes of said meetings; notify the members of the Board of the
				  time and place fixed for meetings of the Board maintain the records pertaining
				  to licenses and this Part; countersign all licenses and certificates of
				  registration and official certification of approval and certification issued by
				  the Board.
(e) The secretary shall
				  conduct all correspondence for the Board, shall issue all notices of meetings
				  and hearings, shall have custody of all books, records and property of the
				  Board and shall perform all duties pertaining to the office of the
				  secretary.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.4 - Licenses and registrations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  An applicant for a license as a nursing home administrator who has met the
				  qualifications prescribed by article 28-D of the Public Health Law and this
				  Part and who has passed the examination required by such article shall be
				  issued a license by the Board certifying that such applicant has met the
				  requirements of the law and rules and regulations entitling them to serve, act,
				  practice and otherwise hold themselves as a duly licensed nursing home
				  administrator.
(b) Commencing
				  January 1, 1972 and biennially thereafter, every licensee shall register with
				  the Department. Every licensee issued a license during a biennial registration
				  period shall register with the Department within 30 days following the issuance
				  of a license. The application for registration shall contain such information
				  as may be specified by the Board or Department including name, address, age,
				  practice status, employer, and continuing education training taken. The
				  Department shall issue a certificate of registration to those persons
				  possessing a valid license and who meet the requirements of article 28-D of the
				  Public Health Law.
(c) The
				  Department shall issue a certificate of registration to each duly licensed
				  nursing administrator upon the submission of a complete and accurate
				  application for registration in a form and manner determined by the
				  Board.
(d) Every person entitled to
				  engage in the practice of nursing home administration in the State shall
				  permanently display in their principal place of employment their license to
				  practice nursing home administration and shall have their current certificate
				  of registration readily available while engaged in the practice of nursing home
				  administration.
(e) The current
				  certificate of registration must be exhibited when requested by any of the
				  following:
(1) An officer or employee of the
				  Department, county or city health department, or other governmental agency
				  engaged in the administration or enforcement of the Public Health Law, the
				  Sanitary Code, the New York City Health Code or other laws, and rules and
				  regulations pertaining to nursing homes or,
(2) an employer in whose employ the licensee
				  practices or intends to practice nursing home administration.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.5 - Admission to the examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  applicant shall be determined qualified and eligible to take the examination
				  for licensing as a nursing home administrator when the applicant has
				  successfully documented to the Board that he or she has met or exceeded the
				  age, moral character and suitability, education including courses of study, and
				  experience qualifications for licensure as determined by the
				  Department.
(b) An applicant for
				  examination who does not qualify shall be given written notification by the
				  Board of their lack of qualification and the reasons therefor. Within 30 days
				  of the mailing of such notification, the applicant may petition the Board in
				  writing for a review of their application.
(c) A candidate for licensure who does not
				  receive a passing grade on the licensing examination within twelve months of
				  notification by the Board of eligibility to sit for the examination shall be
				  required to reapply and requalify under the then current laws and rules and
				  regulations. The candidate shall be permitted to take the licensing examination
				  no more than four times during the twelve-month period of
				  eligibility.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.6 - Grading of examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  candidate for a nursing home administrator license shall be required to pass an
				  examination, as determined by the Board, for such license with a minimum grade
				  determined by the Board.
(b) The
				  Board shall determine the method of grading and shall apply the method
				  uniformly to all candidates taking that examination.
(c) The Board shall not disclose the
				  percentage ratings of candidates by individual identity to any of its officers
				  or employees responsible for determining the final grading of an examination
				  until such determination has been made.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.7 - Petition for admission to examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Prior to submission of a petition under
				  subdivision 2 of section 2896-c of Article 28-D of the Public Health Law, an
				  applicant shall be required to have been denied admission to examination after
				  formal application under section 2896-c.
(b) The Board may decline to entertain such
				  petition on the basis of a finding that the applicant, either:
(1) fails to meet the requirements of
				  paragraphs (a) or (b) of subdivision 1 of section 2896-c of article 28-D of the
				  Public Health Law; or
(2) has
				  practiced in violation of or otherwise has violated any provision of article
				  28-D of the Public Health Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.8 - Courses of study; standards for approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant shall provide official
				  documentation acceptable to the Board of successful completion of a
				  Baccalaureate or higher level degree from an accredited educational institution
				  acceptable to the Board including, or supplemented by, a Board approved
				  Administrator-In-Training (AIT) Program of at least 12 months full-time
				  experience based upon the standard definition of full-time utilized in the
				  facility but not less than 1820 clock hours duration and at least 15 credit
				  hours of required course work acceptable to the Board, completed at an
				  accredited post-secondary educational institution in the following five areas:
(1) Nursing home facility administration (at
				  least three (3) semester credit hours) at the course level equivalent to 300 or
				  higher, and
(2) Health care
				  financial management (at least three (3) semester credit hours) at the course
				  level equivalent to 300 or higher, and
(3) Legal issues in health care (at least
				  three (3) semester credit hours) at the course level equivalent to 300 or
				  higher, and
(4) Gerontology (at
				  least three (3) semester credit hours), and
(5) Personnel management (at least three (3)
				  semester credit hours).
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.9 - Approved courses of study

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  Board shall establish an acceptable course content outline for each of the five
				  required courses specified in Section
				  96.8  of this part identifying the
				  minimum subject areas and topics required to provide the applicant with the
				  knowledge and skills necessary to serve as a nursing home
				  administrator.
(b) The content
				  outlines shall be made available to accredited academic institutions seeking
				  prior approval by the Board of their course(s) for the purpose of
				  licensure.
(c) Academic
				  institutions seeking prior approval of their course(s) shall follow the
				  requirements set forth in Section
				  96.10  of this Part.
(d) The Board shall maintain a listing,
				  available upon request, of approved courses offered by accredited academic
				  institutions in each of the five subject areas, as such courses are approved by
				  the Board.
(e) Applicants may
				  submit course materials for review by the Board if the course does not have
				  such prior approval.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.10 - Training agencies; administration, organization and faculty

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An accredited
				  academic institution applying for approval of the course of study, degree
				  program or course work in nursing home administration shall apply all data
				  necessary for a complete evaluation of the administration, organization,
				  faculty, physical facilities, student policies, curriculum and instruction and
				  such other information and records as the Board may require which pertain to
				  the course of study, degree program or course work.
(b) The Board shall be notified promptly of
				  any proposed substantial changes in the approved degree program, course work or
				  course of study, including on-line or correspondence courses, to obtain
				  continued approval by the Board.
(c) A site inspection of an academic
				  institution or training agency or its affiliate may be made by an officer of
				  the Board or a representative acceptable to the Board.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.11 - Continuing education requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In order to qualify for registration for
				  each biennial registration period beginning on or after January 1, 2008, a
				  licensed nursing home administrator shall attain 48 clock hours of continuation
				  or continuing education credit acceptable to the Board, which shall be attained
				  during the two-year period immediately preceding the registration
				  period.
(b) The licensed nursing
				  home administrator is responsible for participating in continuation education
				  programs acceptable to the Board and maintaining records of programs attended
				  for at least two-years past the end of the subsequent registration
				  period.
(c) In the event that a
				  licensee fails or neglects to renew their registration prior to its expiration
				  date, the licensee may renew their registration, by attaining the proportionate
				  adjustment in the clock hours of continuation or continuing education credit,
				  as determined by the Department, which shall be attained during the two-year
				  period immediately preceding the registration period, and pay a late fee
				  determined by the Department.
(d) A
				  licensee whose license is in inactive status may request to reactivate their
				  license at any time and renew their registration upon complying with
				  subdivisions (b) and (c) of this section, and shall be subject to a
				  reactivation fee as determined by the Department.
(e) Initial registration shall not require
				  completion of continuing education. The continuing education requirement shall
				  be applicable to registration renewal and license reactivation only.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.12 - Applicants holding an out-of-state nursing home administrators license

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An individual
				  holding a valid and current nursing home administrator license from another
				  seeking a New York State nursing home administrator license must submit a
				  complete licensure application and pay all applicable fees.
(b) The applicant must disclose all nursing
				  home administrator and other professional licenses or comparable authorization
				  granted or issued by any and all states, territories, possessions or foreign
				  governments regardless of the status of such license(s).
(c) To obtain a New York State nursing home
				  administrator license the applicant must demonstrate to the Board that the
				  applicant:
(1) is 21 years old or
				  older;
(2) is of good moral
				  character and suitability;
(3) is
				  in receipt of a Baccalaureate or higher level degree from an accredited
				  educational institution. The accrediting body must be recognized by the NYS
				  Department of Education and acceptable to the Board. Official sealed school
				  transcripts must be received by the Board directly from the educational
				  institution.
(4) has performed
				  successfully on the national nursing home administrator examination by passing
				  this examination within four (4) attempts in any twelve (12) month
				  period.
(5) has submitted
				  satisfactory documentation that any and all other nursing home administrator
				  licenses or comparable authorization granted to the applicant by other states,
				  territories, possessions or foreign governments have not been suspended,
				  revoked or otherwise restricted for any reason. Such documentation must be
				  received by the Board directly from the licensing or authorizing agency. The
				  Board retains the right and authority to review and assess the magnitude of any
				  such discipline and solely determine the eligibility of the applicant for
				  licensure; and
(6) has submitted
				  satisfactory verification from the applicants employer(s) that the applicant
				  has full-time (at least 35 hours per week) experience of at least two (2) years
				  in the preceding five (5) years prior to submission of application, as the AOR
				  in an out-of-state nursing home operated in full compliance with applicable
				  state and federal Title 18 and 19 laws, rules and regulations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.13 - Notification of change of address or employment

Current through Register Vol. 46, No. 28, July 10, 2024
A duly licensed and currently registered nursing home
					 administrator shall notify the Board of any change of their title, place of
					 employment, home and e-mail address or primary telephone number within 10 days
					 of such change.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.1 - Authority, purpose and policy

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The State Environmental Quality Review
				  Act ("SEQR") of 1975 (article 8, Environmental Conservation Law), provides that
				  all agencies shall prepare, or cause to be prepared by contract or otherwise an
				  enviromental impact statement ("EIS") on any action they propose or approve
				  which may have a significant effect on the environment. Subdivisions (1) and
				  (2) of section 8-0113  of the Environmental Conservation
				  Law require that, after consultation with other agencies subject to the
				  provisions of said article 8, including State agencies and representatives of
				  local governments, and after conducting public hearings and review of any other
				  comments submitted, the Commissioner of Environmental Conservation shall adopt
				  rules and regulations of statewide applicability that implement the provisions
				  of SEQR.
(b) Rules and regulations
				  of statewide applicability were adopted on March 19, 1976 by the Commissioner
				  of Environmental Conservation and filed with the Secretary of State on March
				  22, 1976 as Part 617 of Title 6 of the Official Compilation of Codes, Rules and
				  Regulations of the State of New York.
(c) This Part is adopted pursuant to
				  subdivision (3) of section 8-0113  of the Environmental Conservation
				  Law which requires agencies to adopt and publish such additional procedures as
				  may be necessary for the implementation by them of SEQR, consistent with the
				  statewide rules and regulations (6 NYCRR Part 617) adopted by the Commissioner
				  of Environmental Conservation pursuant to subdivision (1) of section 8-0113  of the Environmental Conservation
				  Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, unless the context otherwise
					 requires:
(a) Commissioner means the
				  Commissioner of the New York State Department of Health.
(b) Department means the New York State
				  Department of Health.
(c) Region
				  means that geographical area under the jurisdiction of the department's Albany,
				  Buffalo, Rochester, Syracuse or New Rochelle regional or area health offices or
				  its office for New York City health services.
(d) Applicant means any person making an
				  application for approval or funding of a proposed action.
(e) Person means any agency, individual,
				  corporation, governmental entity, partnership, association, trustee or other
				  legal entity.
(f) State agency
				  means any State department, agency, board, public benefit corporation, public
				  authority or commission.
(g) Local
				  agency means any local agency, board, district, commission or governing body,
				  including any city, county and other political subdivision of the
				  State.
(h) Agency means any State
				  or local agency.
(i) Action means
				  any project or activity directly undertaken by the department; or supported in
				  whole or part through contracts, grants, subsidies, loans or other forms of
				  funding assistance; or involving the issuance to a person or facility of a
				  lease, permit, license, certificate approval or conditional approval or other
				  entitlement for use or permission to act by the department; or any policy,
				  regulation and procedure-making by the department. Actions are identified as
				  type I, type II, exempt and unlisted actions.
(j) Exempt action means any one of the
				  following:
(1) enforcement or criminal
				  proceedings or the exercise of prosecutorial discretion in determining whether
				  or not to institute such proceedings;
(2) ministerial actions;
(3) maintenance or repair involving no
				  substantial change in an existing structure or facility;
(4) actions deemed by the commissioner to be
				  immediately necessary on a limited emergency basis for the protection or
				  preservation of life, health, property or natural resources;
(5) actions of the Legislature of the State
				  of New York or of any court;
(6)
				  actions subject to the jurisdiction of local governments pursuant to section 808  of the Executive Law or subject to the
				  jurisdiction of the Adirondack Park Agency pursuant to section 809  of the Executive Law; and
(7) actions undertaken, funded or approved by
				  the department prior to the effective date(s) specified in article 8 of the
				  Environmental Conservation Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.3 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part shall apply and take effect as
					 prescribed in article 8 of the Environmental Conservation
					 Law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.4 - General rule

Current through Register Vol. 46, No. 28, July 10, 2024
A final notice of determination will not be issued until
					 there has been full compliance with the provisions of 6 NYCRR Part 617 and this
					 Part, including the payment to the department of all necessary fees and costs.
					 For the purposes of this Part, in certain instances, based on the applicant's
					 preliminary environmental documentation supplied to the department, a tentative
					 approval of a proposed action involving an applicant may be
					 granted.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.5 - Responsibilities of applicants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Applicants to the department for approval of proposed actions shall include in
				  their application documents, an environmental assessment form (EAF) prepared in
				  a manner prescribed by the department which describes and analyzes the
				  environmental impacts of the proposed action, documentation showing the
				  application pertains to a type II action which has not been subject to a final
				  EIS, or other documentation showing the application pertains to a project not
				  subject to this Part. The EAF or other documentation shall contain sufficient
				  information for the department to determine if the action may have a
				  significant effect on the environment. An initial notice of determination will
				  be prepared by the department citing the results of its review. If, in the
				  judgment of the department, the information provided in the EAF or other
				  documentation is insufficient to complete an adequate review under the State
				  Environmental Quality Review Act (SEQR), the applicant will be required to
				  furnish additional information on the proposed action as it is deemed necessary
				  for compliance with this Part. A draft EIS may be submitted in lieu of an
				  EAF.
(b) Each application to the
				  department shall include:
(1) an
				  identification of those other agencies, including Federal agencies, which to
				  the best knowledge of the applicant, have jurisdiction by law over the action
				  or any portion of it;
(2)
				  documentation that the applicant has made his proposal known to those agencies;
				  and
(3) copies of preliminary
				  approval and/or review.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.6 - Initial review of actions

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of an application for a funding or approval
					 action, the department shall:
(a)
				  determine whether the action is subject to SEQR. If the action is an exempt, an
				  excluded, or a type II action, the agency shall have no further
				  responsibilities under this Part;
(b) determine whether the action involves a
				  Federal agency. If the action involves a Federal agency, the provisions of
				  section
				  97.15 
				  of this Part shall apply;
(c)
				  determine whether the action involves one or more other agencies.
(1) if the action is a type I action, the
				  provisions of section
				  97.7 
				  of this Part shall govern the designation of lead agency;
(2) if the action is an unlisted action, the
				  provisions of section
				  97.8 
				  of this Part shall govern the designation of lead agency;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.7 - Designation of lead agency and determination of significance for type i actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  provisions of this section shall govern the designation of lead agency and
				  determination of significance for all type I actions.
(b) An EAF shall be completed for every type
				  I action which is directly undertaken, funded or approved by the department
				  unless an acceptable draft EIS has already been or will be prepared on the
				  action. No EAF shall be considered complete unless it contains a list prepared
				  by the applicant of all other involved agencies which the applicant has been
				  able to ascertain, exercising all due diligence.
(c) Actions involving only the department.
				  When the department proposes to directly undertake an action which does not
				  require funding or approval from any other agency, or receives an application
				  to fund or approve an action over which no other agencies have approval
				  authority, it shall be the lead agency, and shall determine the significance of
				  the action in accordance with sections
				  97.13
				  and
				  97.14 
				  of this Part within the following time periods:
(1) If the department is directly undertaking
				  the action, it shall determine the significance of the action as early as
				  possible in the design or formulation of the action.
(2) If the department has received an
				  application for funding or approval of the action, it shall determine the
				  significance of the action within 15 calendar days of its receipt of the
				  complete application, an EAF, and any additional information it deems necessary
				  to make that determination.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.8 - Designation of lead agency and determination of significance for unlisted actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  provisions of this section shall govern the designation of lead agency and
				  determination of significance for all unlisted actions. These provisions are
				  designed to simplify the SEQR procedure that applies to unlisted actions.
(1) When the department is reviewing an
				  unlisted action, coordinated review is required only when it determines that an
				  EIS will be prepared. If the department determines that the unlisted action
				  will not have a significant effect on the environment, coordinated review and
				  notification is strictly optional. However, if the department or applicant
				  wants to finalize, in the shortest possible time, lead agency status and the
				  agency's determination of nonsignificance, the department or applicant may
				  follow the notification procedures specified in subdivision (d) of this
				  section. Unless and until written notification of lead agency status and
				  determination of significance has been given to all other involved agencies,
				  each subsequent involved agency shall make its own determination of
				  significance and may require an EIS.
(2) When the optional coordinated review is
				  not employed for unlisted actions and the lead agency status is not confirmed,
				  the department's determination of nonsignificance can be superseded at any
				  time, until one of the following occurs:
(i)
				  all involved agencies receive written notification pursuant to subdivision (d)
				  of this section and fail to respond to the notice within the prescribed time
				  period; or
(ii) all involved
				  agencies have issued all final decisions on the action.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.9 - Environmental impact statement procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department shall, when it is lead
				  agency for an action involving an applicant, and has determined that an EIS is
				  required, immediately notify the applicant and all other involved agencies, in
				  accordance with section
				  97.11 
				  of this Part, in writing, that it is the lead agency and that an EIS is
				  required. If the applicant does not exercise its option to prepare the draft
				  EIS, the department shall prepare it, cause it to be prepared or terminate its
				  review of the action.
(b) When the
				  applicant prepares the draft EIS, the draft EIS shall be submitted to the
				  department, if it is lead agency, which shall determine whether to accept it as
				  satisfactory with respect to its scope, content and adequacy for purposes of
				  this Part.
(c) The department, if
				  it is lead agency, and has completed a draft EIS or has accepted a draft EIS
				  prepared by an applicant, shall file a notice of completion of the draft EIS
				  and a copy of the draft EIS in accordance with the requirements set forth in
				  section
				  97.11 
				  of this Part. The department shall specify a commenting period on the draft
				  EIS, to be not less than 30 calendar days.
(d) When the department, if it is lead
				  agency, has completed a draft EIS or when it has accepted a draft EIS prepared
				  by an applicant, it will determine whether or not to conduct a public hearing
				  concerning the action. In determining whether or not to hold a hearing, the
				  department shall consider the degree of interest shown by other persons in the
				  action, and the extent to which a public hearing can aid the agency
				  decisionmaking processes by providing a forum for, or an efficient mechanism
				  for the collection of, public comment.
(1) If
				  a hearing is to be held, the department shall file the notice thereof in
				  accordance with section
				  97.11 
				  of this Part. Such notice may be contained in the notice of completion of the
				  draft EIS. The notice of hearing shall also be published, at least 14 calendar
				  days in advance of the public hearing, in a newspaper of general circulation in
				  the area of the potential impacts and effect of the action.
(2) The hearing shall commence not less than
				  15 calendar days nor more than 60 calendar days after the filing of the draft
				  EIS pursuant to section
				  97.11 
				  of this Part. When a SEQR hearing is to be held, it shall be incorporated into
				  existing hearing procedures wherever practicable.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.10 - Decisionmaking and findings requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the department is lead agency it
				  shall, prior to any decision on an action which has been the subject of a final
				  EIS, afford agencies and the public a reasonable time period (not less than 10
				  calendar days) in which to consider the final EIS.
(b) In the case of an action involving an
				  applicant, the department's decision, if it is lead agency, on whether or not
				  to approve or fund an action which has been the subject of a final EIS, shall
				  be made within 30 calendar days after the filing of the final EIS and
				  completion of other required reviews, except for good cause.
(c) The department shall not make a final
				  decision to commence, engage in, fund or approve an action that has been
				  subject of a final Federal or a final SEQR EIS until it has:
(1) given consideration to the final
				  EIS;
(2) made a written finding
				  that the requirements of this Part have been met; and
(i) consistent with social, economic and
				  other essential considerations from among the reasonable alternatives thereto,
				  the action to be carried out or approved is one which minimizes or avoids
				  adverse environmental effects to the maximum extent practicable, including the
				  effects disclosed in the relevant environmental impact statement; and
(ii) consistent with social, economic and
				  other essential considerations, to the maximum extent practicable, adverse
				  environmental effects revealed in the environmental impact statement process
				  will be minimized or avoided by incorporating as conditions to the decision
				  those mitigative measures which were identified as practicable;
(3) prepared a written statement
				  of facts and conclusions relied upon in the EIS, supporting its decision and
				  indicating the social, economic and other factors and standards which formed
				  the basis of its decision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.11 - Notice and filing requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All notices, EIS's and other SEQR
				  documents shall be prepared, filed, circulated and made available as prescribed
				  in this section.
(b) Determination
				  of nonsignificance. In the case of all type I actions, a notice of
				  determination that an EIS will not be prepared, based on a determination that
				  the proposed action will not have a significant effect on the environment
				  (negative declaration), shall be prepared and filed as indicated below by the
				  department, if it is lead agency. The notice shall state that it is a negative
				  declaration for the purposes of article 8 of the Environmental Conservation
				  Law, shall state the name and address of the department and the name and
				  telephone number of a person who can provide further information, shall briefly
				  and precisely describe the nature, extent and location of the action, and shall
				  briefly state the reasons supporting determination. The department shall
				  maintain files of the written analyses and findings leading to their
				  determinations on all actions subject to SEQR. The notice of determination for
				  type I actions shall be filed simultaneously as follows:
(1) with the Commissioner of Environmental
				  Conservation at 50 Wolf Road, Albany, N.Y. 12233;
(2) with the appropriate regional office of
				  the Department of Environmental Conservation;
(3) in the office of the chief executive
				  officer of the political subdivision in which the action will be principally
				  located;
(4) in the department's
				  main office and appropriate regional or area office;
(5) if the action involves an applicant, with
				  the applicant;
(6) if other
				  agencies are involved in approval of the action, with each other agency. In
				  addition, the department may:
(i) file these
				  determinations with other agencies which may be affected by the action;
				  and
(ii) if it is deemed
				  appropriate upon consideration of all circumstances, provide for such public
				  notice of these determinations as shall afford the opportunity for public
				  response by: readily accessible files in department offices; posting on
				  signboards; incorporation in public notices otherwise required by law; or other
				  appropriate means.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.12 - Contents of environmental impact statements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Environmental impact statements are to be
				  clearly written in a brief and concise manner capable of being read and
				  understood by the public. Within the framework presented in subdivision (d) of
				  this section, such statements should address in detail only the specific
				  significant environmental impacts which can be reasonably anticipated. They
				  should not contain more detail than is appropriate considering the nature and
				  magnitude of the proposed action, the significance of its potential impacts and
				  the existing resources and capability of the agency responsible for the
				  statement. Highly technical material shall be summarized, and if it must be
				  included in its entirety, it shall be referenced in the statement and included
				  in an appendix.
(b) Draft and final
				  environmental impact statement shall be preceded by a cover sheet stating:
(1) whether it is a draft or final;
(2) the name or other descriptive title of
				  the action;
(3) the location
				  (county and town, village or city) of the action;
(4) the name and address of the agency which
				  required its preparation and the name and telephone number of a person at the
				  agency to be contacted for further information;
(5) identification of individuals or
				  organizations which prepared any portion of the statement; and
(6) the date of its completion.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.13 - Criteria for determining what actions may have a significant effect on the environment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  action may have a significant effect on the environment if it can reasonably be
				  expected to lead to one of the following consequences:
(1) a substantial adverse change to ambient
				  air or water quality or noise levels or in solid waste production, drainage,
				  erosion or flooding;
(2) the
				  removal or destruction of large quantities of vegetation or fauna, the
				  substantial interference with the movement of any resident or migratory fish or
				  wildlife species, impacts on critical habitat areas, or the substantial
				  affecting of a rare or endangered species of animal or plant or the habitat of
				  such species;
(3) the encouraging
				  or attracting of a large number of people to a place or places for more than a
				  few days relative to the number of people who would come to such place absent
				  the action;
(4) the creation of
				  material conflict with a community's existing plans or goals as officially
				  approved or adopted;
(5) the
				  impairment of the character or quality of important historical, archeological,
				  architectural or aesthetic resources or of existing community or neighborhood
				  character;
(6) a major change in
				  the use of either the quantity or type of energy;
(7) the creation of a hazard to human health
				  or safety;
(8) a substantial change
				  in the use, or intensity of use of land or other natural resources or in their
				  capacity to support existing uses except where such a change has been included,
				  referred to, or implicit, in a broad statement prepared pursuant to section
				  97.17 
				  of this Part;
(9) the creation of a
				  material demand for other actions which would result in one of the above
				  consequences;
(10) changes in two
				  or more elements of the environment, no one of which is substantial, but when
				  taken together result in a material change in the environment; or
(11) two or more related actions no one of
				  which has or would have a significant effect on the environment, but which
				  cumulatively meet one or more of the criteria in this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.14 - Lists of department actions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of this action is to simplify
				  the tasks of determining whether or not a proposed action may have a
				  significant effect on the environment by identifying actions or classes of
				  actions that are likely to have a significant effect and those which will not
				  have a significant effect. Because of the complex and varied nature of
				  department actions, the lists in this section are not all-inclusive. The
				  omission from the list of an action does not mean that it is exempt from this
				  Part, nor does it mean that it is automatically an action requiring
				  environmental impact statement preparation. The criteria set forth in 6 NYCRR
				  617.11 and section
				  97.13 
				  of this Part shall be used to determine significance with respect to actions
				  not listed in this section. The following system is used in this section:
(1) Type I.
Actions or classes of actions that are more likely to
					 require preparation of environmental impact statements.
(2) Type II.
Actions or classes of actions which have been determined
					 not to have a significant effect on the environment and which do not require
					 environmental impact statements under this Part.
(3) Unlisted.
Actions or classes of actions, not excluded or exempt, not
					 listed as a type I or type II action in this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter Q - State Environmental Quality Review › Part 97 - Regulations Implementing State Environmental Quality Review › Section 97.15 - Actions involving a federal agency

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When a draft and final EIS for an action
				  have been prepared under the National Environmental Policy Act 1969, the
				  department shall have no obligation to prepare an additional EIS under this
				  Part. However, except in the case of excluded or exempt actions, the department
				  may not undertake or approve the action until the Federal final EIS has been
				  completed and the agency has made the findings prescribed in section
				  97.10 
				  of this Part and 6 NYCRR 617.9.
(b)
				  Where a negative declaration or other written threshold determination that the
				  action will not require a Federal impact statement has been prepared under the
				  National Environmental Policy Act of 1969, the determination shall not
				  constitute compliance with SEQR. In such cases, the department retains its
				  responsibilities for compliance with SEQR.
(c) In the case of an action involving a
				  Federal agency for which either a Federal negative declaration or a Federal
				  draft and final EIS has been prepared, except where otherwise required by law,
				  a final decision by a Federal agency shall not be controlling on any State or
				  local agency decision on the action.
(d) No SEQR findings are required for actions
				  which are excluded or exempt from SEQR.