reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.4 - Sewerage facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  community sewerage system is required when:
(1) a subdivision is located in an existing
				  sewer district or service area;
(2)
				  a subdivision is reasonably accessible to an existing sewer district or service
				  area. This requirement shall apply in the absence of proof satisfactory to the
				  department that the developer cannot effect arrangements for the installation
				  and/or connection of the sewerage system to the existing sewer district or
				  service area facilities;
(3) the
				  soil percolation rate is lower than 60 min/in.;
(4) the subdivision consists of 50 lots or
				  more;
(5) the subdivision consists
				  of 200 or more residents in the aggregate;
(6) a minimum separation of two feet cannot
				  be maintained between the lowest part of the leaching system and the highest
				  elevation of the top of the zone of water saturation, rock, hardpan or other
				  impermeable material at all times of year; or
(7) an approved comprehensive study
				  exists.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.5 - Water facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  community water system is required when:
(1)
				  the subdivision is located in an existing water district or service
				  area;
(2) the subdivision is
				  reasonably accessible to an existing water district or service area. This
				  requirement shall apply in the absence of proof satisfactory to the department
				  that the developer cannot effect arrangements for the installation and/or
				  connection of the water system to the existing water district or service area
				  facilities;
(3) individual wells
				  cannot provide an average yield of five gpm;
(4) the subdivision consists of 50 lots or
				  more;
(5) the subdivision consists
				  of 200 or more residents in the aggregate;
(6) ground waters are nonpotable;
				  or
(7) an approved comprehensive
				  study exists.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.6 - Variances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner may on written application grant a variance from a specific
				  provision of this Part in a particular case, subject to appropriate conditions,
				  where such variance is in harmony with the general purpose and intent of this
				  Part.
(b) The commissioner may
				  impose more stringent requirements in a specific case when necessary to assure
				  an adequate and satisfactory water supply and sewerage facility for the
				  subdivision.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 74 - Approval Of Realty Subdivisions › Section 74.7 - Other environmental factors

Current through Register Vol. 46, No. 28, July 10, 2024
Upon request the developer shall provide the commissioner
					 or his authorized representative with a report and such plans as may be needed,
					 covering the following environmental factors:
(a) the method of solid waste collection and
				  disposal;
(b) the extent to which
				  proposed land uses and structures may cause air pollution;
(c) the methods for grading to prevent
				  changes in soil percolation capacity and to provide for adequate collection and
				  disposal of surface and ground water;
(d) the methods to prevent contravention of
				  surface and ground water quality standards;
(e) the effect on the subdivision of
				  environmental pollutants or hazards either on the property or from surrounding
				  areas, resulting from such facilities, activities or conditions as industrial
				  or commercial structures or operations, highways, solid waste disposal sites,
				  swamps, quarries, sink holes, limestone deposits, gravel pits, airports,
				  watercourses, agricultural uses, flood plains and unstable soil condition;
				  and
(f) the potential effect of the
				  subdivision on environmental factors in surrounding areas.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The rules contained in this Part have been promulgated to
					 protect the health and safety of those persons who must use an individual
					 onsite water supply system, an individual onsite wastewater treatment system,
					 or both, when a municipal or communal system is not available.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.2 - Applicability and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply through the entire State of New York
					 and shall represent minimum standards for individual onsite water supply and
					 for individual onsite wastewater treatment systems.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and phrases shall
					 have the following meanings:
(a)
				  Individual onsite water supply system means an onsite water system intended to
				  serve a single parcel of land, which is not supplied by a public water supply
				  as defined in Part 5 of this Title.
(b) Individual onsite wastewater treatment
				  system means an onsite facility serving a single parcel of land and treating
				  sewage or other liquid wastes for discharge into the groundwaters of the
				  State.
(c) General waiver means a
				  waiver that exempts any portion of the standards for individual onsite water
				  supply and/or for individual onsite wastewater treatment systems because of
				  unique local conditions.
(d)
				  Specific waiver means a waiver granted in an individual situation because of a
				  hardship or other circumstance that makes it impractical to comply with a
				  standard for individual onsite water supply or for individual onsite wastewater
				  treatment systems.
(e) Local waiver
				  means a waiver that allows the routine use of alternative-type wastewater
				  treatment system(s) by a municipality.
(f) Design professional means a person
				  licensed to practice engineering or architecture in New York State by the State
				  Education Department in accordance with Article 145 or Article 147 of Title
				  VIII of the New York State Education Law, respectively, and who is currently
				  registered with the New York State Education Department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.4 - Minimum standards for individual onsite water supply systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individual
				  onsite water supply systems shall be designed and constructed in accordance
				  with the standards of the State Commissioner of Health as set forth in Appendix
				  5-B of this Title.
(b) All
				  treatment devices for an individual onsite water supply must be designed,
				  constructed and installed in accordance with standards acceptable to the State
				  Commissioner of Health as set forth in Appendix 75-B of this Title.
(c) The standards set forth in Appendix 75-C
				  shall represent statewide water quality standards for individual onsite water
				  supply systems. The State or county health department official having
				  jurisdiction may require that individual onsite water supply systems be tested
				  for compliance with the standards set forth in Appendix 75-C, and for such
				  additional contaminants as such official determines are necessary or
				  appropriate to protect public health.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.5 - Minimum standards for individual onsite wastewater treatment systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Individual
				  onsite wastewater treatment systems shall be designed and constructed in
				  accordance with the standards of the State Commissioner of Health as set forth
				  in Appendix 75-A of this Title.
(b)
				  Plans for the design of individual onsite wastewater treatment systems shall be
				  prepared directly by or under the supervision of a design
				  professional.
(c) Prior to
				  construction of an individual onsite wastewater treatment system utilizing an
				  alternative system pursuant to 10 NYCRR Appendix 75-A, plans for the design of
				  the system shall be reviewed and approved by the State or county health
				  department official having jurisdiction. A design professional shall supervise
				  the construction of the alternative system and ensure that such construction
				  conforms to the approved plans. After construction is completed, a design
				  professional shall provide the State or county health department official
				  having jurisdiction with a certification that the construction of the
				  alternative system was supervised by a design professional and that such
				  construction conforms to the approved plans.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.6 - Waivers; general, specific and local

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General waiver.
(1) The State Commissioner of Health may on
				  written application supported by documentation grant a general waiver from a
				  provision of this Part, subject to appropriate conditions, where such waiver is
				  consistent with the general purpose and intent of this Part, to a full-time
				  city, county or part-county health department.
(2) Such waiver shall include the effective
				  date, the time period, if any, for which the waiver is granted, the
				  requirement(s) being waived and any other limiting conditions such as types of
				  systems, local conditions or geographical areas where the waiver can be
				  used.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 75 - Standards for Individual Onsite Water Supply and Individual Onsite Wastewater Treatment Systems › Section 75.7 to 75.9 - Renumbered

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
To provide for expeditious administrative proceedings to
					 correct and to impose penalties for violations of the State Sanitary Code,
					 Public Health Law and pertinent provisions of the administrative rules and
					 regulations of the department.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and terms have
					 the indicated meanings:
(a)
				  Commissioner means the State Commissioner of Health.
(b) Department means the State Department of
				  Health.
(c) Person means any
				  statutory or legal entity recognized in New York State law.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.3 - Public health administrative tribunal; establishment, powers and duties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A public health
				  administrative tribunal is established in the department consisting of three
				  executive level staff members as designated by the commissioner. The tribunal
				  will itself, or through delegation to tribunal representatives, have the power
				  and duty to:
(1) accept pleas to hear and
				  determine allegations of violations of the Public Health Law and State Sanitary
				  Code (Chapter I of this Title), and pertinent provisions of the administrative
				  rules and regulations of the department;
(2) examine witnesses and receive evidence
				  for this purpose;
(3) administer
				  oaths and affirmations;
(4) sign
				  and issue subpoenas in the name of the department at the request of any party,
				  requiring attendance and giving of testimony by witnesses and production of
				  books, papers, documents and other evidence; such subpoenas shall be regulated
				  by the Civil Practice Law and Rules;
(5) provide for taking of testimony by
				  deposition;
(6) regulate the course
				  of the hearings, set the time and place for continued hearings, and fix the
				  time for filing of briefs and other documents;
(7) determine whether or not to offer a
				  stipulation as provided in section
				  76.9  of
				  this Part;
(8) impose fines,
				  penalties, permit revocations, permit suspensions or closure as
				  authorized;
(9) order abatement of
				  violations, and a schedule for such abatement; and
(10) order reinspection of the facility to
				  determine compliance with the State Sanitary Code and orders for
				  abatement.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.4 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to proceedings instituted by the service
					 of finding of violation as described in section
					 76.5  of this
					 Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.5 - Finding of violation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  regulatory proceeding will begin with service of a signed finding of violation
				  issued by a department inspector. Service of the finding of violation will be
				  made to conform to the requirements of section 12-a  of the Public Health Law for service
				  of a notice of hearing. An inspection report of the departmental inspector may
				  be used in whole or part as the department's description of alleged
				  violations.
(b) The finding of
				  violation shall contain:
(1) a short and
				  plain statement of facts found which are alleged to constitute a violation,
				  including the dates when such facts were observed;
(2) specific reference to the provisions of
				  the Public Health Law, State Sanitary Code or pertinent provisions of the
				  administrative rules and regulations alleged to have been violated;
(3) information adequate for a respondent to
				  calculate the maximum penalty assessable if the facts are found to be as
				  alleged;
(4) notification that a
				  hearing will be held at a place designated by the department not less than 15
				  days after service of the finding of violation, and further notice that failure
				  to appear at the time and place designated for the hearing will constitute a
				  default in appearance by the respondent and that a decision and order will be
				  rendered and issued on the record established by the hearing;
(5) information adequate to apprise the
				  respondent of the provisions relating to answers set forth in section
				  76.6 
				  of this Part;
(6) a statement that
				  the respondent will be given a reasonable opportunity to be heard by written or
				  oral argument on issues of law and fact;
(7) a description of how the proceedings may
				  be resolved by stipulation agreement between the department and the respondent
				  and payment of a specific monetary fine in lieu of a hearing.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.6 - Answer to finding of violation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  respondent shall have seven days after receipt of service of the finding of
				  violation within which to answer. The answer shall be made on the form and in
				  accordance with instructions furnished to the respondent with the finding of
				  violation.
(b) If the respondent
				  elects to contest any of the factual allegations in the finding of violation,
				  the respondent may include with the answer a statement of defense, mitigation,
				  denial or explanation for each contested alleged violation. When the respondent
				  elects a hearing on the allegations, the respondent must indicate in the answer
				  whether witnesses will be called.
(c) If the respondent elects not to contest
				  the factual allegations in the finding of violation, the answer shall contain
				  an admission that the allegations are true. Such an answer shall constitute a
				  waiver of a hearing on the existence of the facts alleged in the finding of
				  violation and, unless the respondent indicates that an explanation will be
				  offered, be deemed a waiver of a hearing as to the amount of any
				  penalty.
(d) Failure of the
				  respondent to file an answer within seven days after receipt of service of a
				  finding of violation will constitute a waiver of the right to a hearing and
				  authorizes the tribunal or the tribunal representative, without further notice
				  to the respondent, to find the facts to be as alleged in the finding of
				  violation and to render a decision and order sustaining the allegations and
				  imposing a penalty.
(e) Allegations
				  in a finding of violation not answered will be deemed admitted.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.7 - Hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings are
				  open to the public, presided over by a tribunal or tribunal representative, and
				  are to proceed with reasonable expedition and order and, insofar as
				  practicable, shall be held at a place and time that will minimize postponements
				  and adjournments.
(b) Each party to
				  a proceeding has the right to be represented by counsel, to present evidence,
				  to examine and cross-examine witnesses (subject to the requirement contained in
				  subdivision [c] of this section), and shall have all rights essential to a fair
				  and impartial hearing.
(c) If
				  requested by the respondent, the department will ensure the appearance of the
				  departmental employee who has signed the finding of violation. Such employee
				  shall testify and produce for examination and consideration any written
				  evidence deemed relevant to the allegations.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.8 - Tribunal representatives

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Except as otherwise provided by statute, the tribunal representatives
				  conducting hearings are authorized to:
(1)
				  accept pleas to, and hear and determine, allegations by the department of
				  violations of the provisions of the Public Health Law, the State Sanitary Code
				  (Chapter I of this Title), and pertinent provisions of the administrative rules
				  and regulations of the department;
(2) examine witnesses and receive
				  evidence;
(3) administer oaths and
				  affirmations;
(4) sign and issue
				  subpoenas in the name of the department at the request of any party, requiring
				  attendance and giving of testimony by witnesses and production of books,
				  papers, documents and other evidence; such subpoenas shall be regulated by the
				  Civil Practice Law and Rules;
(5)
				  provide for taking of testimony by deposition;
(6) regulate the course of the hearings, set
				  the time and place for continued hearings, and fix the time for filing of
				  briefs and other documents;
(7)
				  determine whether or not to offer a stipulation as provided in section
				  76.9  of
				  this Part;
(8) impose fines,
				  penalties, permit revocations, permit suspensions or closure as
				  authorized;
(9) order abatement of
				  violations, and a schedule for such abatement;
(10) order reinspection of the facility to
				  determine compliance with the Stae Sanitary Code and orders for
				  abatement.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.9 - Stipulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Hearings into
				  findings of violations may be waived upon stipulation between the respondent
				  and the department.
(b)
				  Stipulations shall comply with terms and conditions prescribed by the
				  department, and may include assessment of a penalty not to exceed the maximum
				  penalty assessable for each violation cited in the finding of
				  violation.
(c) The department
				  inspector, in serving the finding of violation, shall be authorized to
				  represent the department in explaining the options available to the respondent
				  in answering the finding of violations, including the option for
				  stipulation.
(d) The tribunal or
				  tribunal representative shall be authorized to offer a stipulation to the
				  respondent.
(e) Information
				  concerning stipulations made under this section is subject to public
				  release.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.10 - Disqualification of tribunal representatives

Current through Register Vol. 46, No. 28, July 10, 2024
Hearing shall be conducted in an impartial manner. Upon the
					 filing in good faith by a party of a timely and sufficient affidavit of
					 personal bias or disqualification of a tribunal representative, the tribunal
					 shall determine the matter as a part of the record in the case, and its
					 determination shall be a matter subject to judicial review at the conclusion of
					 the hearing. Whenever a tribunal representative is disqualified or it becomes
					 impractical for the representative to continue a hearing, another
					 representative will be assigned to continue with the case.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.11 - Decisions, determinations and orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless precluded by statute, disposition
				  of any finding of violation may be made by agreed settlement.
(b) Findings of fact shall be based upon the
				  evidence, any matters officially noticed, and any oral or written explanations
				  received.
(c) A written decision
				  sustaining or dismissing the finding of violation shall be rendered by the
				  tribunal representative promptly after the conclusion of a hearing. The
				  decision, a copy of which will be served without delay on the respondent
				  personally or by certified or registered mail, shall contain the findings of
				  fact and, as applicable, orders issued and penalty assessed. The respondent
				  shall also be notified in writing of the right to appeal the decision, as
				  provided in section
				  76.13 
				  of this Part.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.12 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The record of a
				  hearing will include:
(1) all notices,
				  pleadings, motions, intermediate rulings;
(2) evidence presented;
(3) questions, offers of proof, objections
				  and rulings;
(4) proposed findings
				  and exceptions, if any; and
(5) any
				  decision or report rendered.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.13 - Tribunal appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  tribunal shall serve as a review board within the department and will have
				  jurisdiction to review all decisions and orders of tribunal representatives
				  with regard to whether the facts found therein are supported by substantial
				  evidence in the record and the law. The tribunal, whose decisions shall be by a
				  majority of its members, shall have the power to reverse, remand or modify any
				  decision and order appealed from, and may change the amount of any penalty
				  imposed.
(b) A respondent who
				  elects to seek review of any final decision or order of a tribunal
				  representative shall file a notice of appeal with the department within 15 days
				  of receipt of a copy of the decision and order of the tribunal representative.
				  The notice of appeal is to be accompanied by a brief or memorandum outlining
				  specific reasons why the decision and order should be changed. The filing of a
				  notice of appeal will stay the collection of any fine or imposition of a
				  penalty or order until the tribunal has rendered its decision. However, such
				  notice of appeal shall not stay an order for closure nor public release of
				  information regarding such order for closure. Appeals shall be made upon the
				  record of the hearing and are to be made without physical appearance of the
				  respondent unless requested by the respondent in the notice of appeal. Any
				  appeal in which an appearance is made by the respondent will be open to the
				  public.
(c) The tribunal shall
				  issue its decision in writing within 30 days of receipt of the appeal and
				  furnish a copy to the respondent by certified or registered mail.
(d) Final orders or determinations of the
				  tribunal shall be subject to review as provided in article 78 of the Civil
				  Practice Law and Rules.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter I - Environmental Health › Part 76 - Public Health Administrative Tribunal › Section 76.14 - Computation of time

Current through Register Vol. 46, No. 28, July 10, 2024
In computing any period of time prescribed or allowed by
					 this Part, the day that the period of time begins will not be included but the
					 last day of the period will be included unless it is a Saturday, Sunday or
					 legal holiday, in which event the next business day will be included. Whenever
					 a party has the right or is required to do some act within a prescribed period
					 of time after the service of a document and the document is served by mail,
					 three days will be added to the prescribed period of time.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.0 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following words and phrases as used in this Part shall
					 have the following meanings, unless the context otherwise requires:
(a) Department means the New York State
				  Department of Health.
(b)
				  Commissioner means the Commissioner of Health of the State of New
				  York.
(c) School means any
				  educational institution wherein funeral directing, embalming and related
				  subjects are taught for the purpose of preparing students for licensing and
				  practice as funeral directors.
(d)
				  Curriculum means the complete program of instruction in funeral service
				  education.
(e) Accrediting agency
				  means a duly constituted and departmentally recognized agency which evaluates
				  and accredits curricula in funeral service education.
(f) Common carrier is defined, for the
				  purposes of this Part and Part 13 of this Title, as a carrier licensed or
				  authorized to transport cargo by any of the following:
(1) New York State Department of
				  Transportation;
(2) Interstate
				  Commerce Commission;
(3) Federal
				  Aviation Administration; or
(4)
				  United States Coast Guard.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.1 - Academic requirements for funeral director examination

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicants for examination pursuant to
				  section 3421 (1)  of the Public Health Law shall submit evidence of satisfactory
				  completion of a course of collegiate-level study in funeral service, as
				  required by section 3421 (2)(b)  of the Public Health Law, consisting of not less
				  than 60 semester credits or 90 quarter credits in an institution or
				  institutions approved by the department or approved by an accrediting agency
				  recognized by the department. The approved course of study shall consist of the
				  following curriculum:
Area of study
Hours
Examples of courses (illustrative
								only)
Mortuary Arts & Sciences and Related Academic
								Disciplines
22 semester credit or 33 quarter credit
Embalming. Restorative Art, Anatomy, Chemistry,
								Microbiology, Pathology, Personal and Public Health, Biology, Practicum.
Funeral Service Education and Related Academic
								Disciplines
22 semester credit or 33 quarter credit
Funeral Service Orientation, Funeral Counseling,
								Funeral Directing, Funeral Home Management, Funeral Merchandising, Funeral Home
								Accounting, Business and Mortuary Law, Practicum.
Electives (Institutional Requirements)
16 semester credit or 24 quarter credit
(b) The department shall accept, in lieu of
				  completion of a course of collegiate-level study in funeral service as
				  described in subdivision (a) of this section, satisfactory evidence that the
				  applicant possesses an Associate or higher degree in funeral service awarded by
				  an institution approved by the department or approved by an accrediting agency
				  recognized by the department.
(c)
				  Any applicant for examination pursuant to section 3421 (1)  of the Public Health
				  Law may submit evidence that:
(1) prior to
				  October 17, 1983, he/she was enrolled in a college or university approved by
				  the State Education Department or approved by an accrediting organization
				  recognized by the department;
(2)
				  he/she completed a general course of study consisting of not less than 30
				  semester credits;
(3) such general
				  course of study was completed by October 17, 1987; and
(4) he/she began funeral service study within
				  one year of completion of such general college study.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.2 - Examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A candidate for
				  examination shall submit evidence satisfactory to the department that such
				  applicant:
(1) has met the academic
				  requirements for funeral director examination contained in section
				  77.1 
				  of this Part; and
(2) is a citizen
				  of the United States at the time of filing such application, or an alien
				  lawfully admitted for permanent residence.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.3 - Registered residents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every
				  candidate for funeral director licensure, upon entering employment as a
				  registered resident as required by the provisions of the Public Health Law,
				  shall register with the department, within two weeks from the date of the
				  beginning of such employment, on a form prescribed by the department.
(b) No funeral firm shall be approved to
				  employ a registered resident unless the manager, or sponsor designated by the
				  manager, submits satisfactory evidence and a signed statement, on a form
				  provided by the department, that:
(1) the
				  residence shall be under the supervision of a manager or sponsor designated by
				  the manager, who is licensed and registered as a funeral director or undertaker
				  and embalmer, and who is regularly employed by the funeral firm;
(2) during the 12 months immediately
				  preceding the date of beginning of the proposed residency period of the
				  applicant, the funeral firm in which the registered resident is to be employed
				  has had, and has serviced or handled, at least 40 cases directly for, and
				  pursuant to engagement by, the respective families or friends of the decedent,
				  exclusive of cases of stillborn children and exclusive of cases serviced or
				  handled for and on behalf of, or in conjunction with, other funeral firms.
				  These 40 cases may be a total of all cases done by branches and/or affiliate
				  funeral firms;
(3) the funeral
				  establishment in which the registered resident is to be employed contains
				  adequate facilities for embalming as required by the department pursuant to its
				  rules and regulations; and
(4)
				  residence practice in connection with funeral arrangements shall consist of
				  observing, instruction, taking of preliminary information and exposure to the
				  sale of service and merchandise.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.7 - Funeral directing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				  funeral director, undertaker or embalmer shall not permit any unlicensed person
				  to engage in or take charge of the activities for which a license to engage in
				  the business or practice of funeral directing, undertaking or embalming is
				  required by the provisions of the Public Health Law.
(1) A licensed and registered funeral
				  director or undertaker or a registered resident shall be present and personally
				  supervise and arrange for the removal or transfer of each dead human body from
				  the place where death occurs, or from the place where it is released to him/her
				  by the family or other legal authority.
(2) A licensed and registered funeral
				  director or undertaker or a registered resident shall be present and personally
				  supervise the conduct of each funeral service.
(3) Nothing herein shall be construed as
				  prohibiting religious supervision of the funeral service by a member or members
				  of the clergy designated by the family of the deceased person.
(4) A licensed and registered funeral
				  director or undertaker or a registered resident shall, unless prevented by the
				  rules or documented practices of the cemetery, be present and personally
				  supervise the interment, delivery to and acceptance by crematory personnel at
				  the crematory, or the pickup from or the delivery to a common carrier, of a
				  dead human body.
(5) No person
				  other than a duly licensed and registered funeral director or undertaker shall
				  make or be permitted to make arrangements on behalf of any funeral director,
				  undertaker or funeral firm with a customer or customer's designee:
(i) for temporary or final entombment, or
				  cremation, disinterment, reinterment or other lawful disposition of a dead
				  human body;
(ii) for the care,
				  preparation, shipment or transportation of a dead human body; or
(iii) for the purchase, sale or rental of
				  funeral merchandise, services or paraphernalia.
The taking of preliminary information over the telephone by
					 an unlicensed person shall not be construed as the making of funeral
					 arrangements under this section.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.9 - Tests prescribed by the commissioner for signs of death

Current through Register Vol. 46, No. 28, July 10, 2024
The embalmer or funeral director, before proceeding either
					 to embalm, remove, cremate or bury the body, shall determine that life is
					 extinct by ascertaining that:
(a)
				  pulsation has ceased in the radial or other arteries;
(b) heart and respiratory sounds are not
				  heard with the use of a stethoscope or with the ear applied directly over the
				  heart.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.10 - Embalming procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  preparation for burial or other disposition of all dead human bodies shall be
				  performed in privacy. No one shall be permitted to be present in the embalming,
				  operating or preparation room while a dead human body is being embalmed, washed
				  or otherwise prepared for burial or other disposition, except the following:
(1) licensed funeral directors or embalmers
				  and their employees;
(2) duly
				  registered funeral director students and trainees;
(3) duly authorized instructors of funeral
				  directing schools;
(4) public
				  officials or representatives in the discharge of their duties;
(5) duly accredited doctors or
				  nurses;
(6) members of the
				  immediate family of the deceased and their designated
				  representatives.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.11 - Funeral director business practices

Current through Register Vol. 46, No. 28, July 10, 2024
Every funeral director, undertaker or funeral firm shall
					 give customers, unless otherwise agreed upon in writing at the time
					 arrangements are made, documents which have been procured for or supplied by
					 the customer within one week after the funeral. If the funeral director,
					 undertaker or funeral firm does not have possession of such documents within
					 that time, he shall give them to the customer when he obtains possession of
					 them.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.12 - Misconduct

Current through Register Vol. 46, No. 28, July 10, 2024
Misconduct in the business and practice of funeral
					 directing within the meaning of paragraph (f) of subdivision (1) of section 3450  of the Public Health Law, shall
					 include, but is not limited to, the following:
(a) failing to comply with the provisions of
				  law, rules and regulations relating to the funeral directing, undertaking and
				  embalming;
(b) exercising undue
				  influence on a customer, misleading a customer, or misrepresenting to a
				  customer the sale of services or merchandise and thereby taking unfair
				  advantage of the customer, under the circumstances which existed during the
				  course of the sale;
(c)
(1) making or filing a false report or
				  inducing another person to do so; or
(2) failing to file a report required by law,
				  rules and regulations relating to funeral directing, undertaking and embalming,
				  or willfully obstructing such filing or inducing another person to do
				  so;
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.13 - [Expired] COVID-19 and Influenza Confirmatory Testing - Funeral Directors

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 77 - Practice Of Funeral Directing › Section 77.14 - [Expired] COVID-19 and Influenza Confirmatory Testing - Coroners and Medical Examiners

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 78 - Statement To Be Furnished By Every Person Licensed Pursuant To Article 34 Of The Public Health Law › Section 78.2 - Format for statement of goods and services selected

Current through Register Vol. 46, No. 28, July 10, 2024
The statement of goods and services selected shall be in
					 the following format:
ITEMIZATION OF FUNERAL SERVICES AND MERCHANDISE SELECTED
The following are the charges for the services, merchandise
					 and livery you have selected. You will not be charged for any item you do not
					 choose unless it is necessary because of other selections you have made. Any
					 such charges are explained below.
I.
				  FUNERAL HOME CHARGES (Indicate N/A for items of service and/or merchandise that
				  are not provided.)
A. Alternative Services
1. Direct Cremation $
				  __....................................
2. Direct Burial $
				  __..................................................
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 78 - Statement To Be Furnished By Every Person Licensed Pursuant To Article 34 Of The Public Health Law › Section 78.3 - Customer's designation of intentions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every person licensed pursuant to article
				  34 of the Public Health Law, including funeral directors and funeral firms,
				  shall furnish at the time funeral arrangements are made for the cremation of
				  the body of a deceased person, to the person or persons making arrangements, a
				  written statement which shall include the following:
(1) true firm name and address as registered
				  with the department;
(2) the
				  signature and printed or typed name of the funeral director or undertaker
				  making funeral arrangements, and the date such statement was furnished to the
				  customer;
(3) name of deceased,
				  together with the place and scheduled date of cremation;
(4) a statement, by the person making the
				  arrangements, indicating the manner of disposition of the cremains;
(5) the dated signature, address and phone
				  number of the person making the arrangements; and
(6) a disclosure statement by the funeral
				  director or undertaker making the arrangements, indicating the manner of
				  disposition of the cremains if unclaimed after 120 days from the date of
				  cremation.
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 78 - Statement To Be Furnished By Every Person Licensed Pursuant To Article 34 Of The Public Health Law › Section 78.4 to 78.8 - Repealed

Current through Register Vol. 46, No. 28, July 10, 2024
New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter J - Funeral Directing, Undertaking And Embalming › Part 79 - Price Information › Section 79.1 - Telephone price disclosure

Current through Register Vol. 46, No. 28, July 10, 2024
A funeral firm shall inform persons who call the firm's
					 place of business and inquire about the terms, conditions or prices at which
					 funeral goods or funeral services are offered, that price information is
					 available over the telephone. A firm shall also inform such persons, who ask by
					 telephone about the offerings or prices, of any accurate information from the
					 price lists (general, casket or outer interment receptacle) or other readily
					 available source which reasonably answers the question.