New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter V - Medical Facilities › Subchapter C - State Hospital Code › Article 2 - Medical Facility Construction › Part 710 - Approval Of Medical Facility Construction › Section 710.10 - Cancellation, withdrawal and annulment of approvals

Current through Register Vol. 46, No. 28, July 10, 2024
The failure, neglect or refusal of the applicant, in
						manner and detail as required by this Subchapter, to conform to the
						requirements hereinbelow set forth shall result in the cancellation, withdrawal
						or annulment of any or all prior approvals issued to the applicant concerning
						the subject application:
(a) Failure
					 to commence and complete construction, within the time period determined under
					 section 710.2 of this Title, which time
					 period shall commence on the date of approval or contingent approval of the
					 application, project scope and concept, shall constitute an abandonment of the
					 application and any such approval or contingent approval shall be deemed
					 cancelled, withdrawn and annulled without further action of the
					 commissioner.
(b) Any applicant,
					 regardless of reason, requesting to change the date on which construction is to
					 begin or end shall file a request with the commissioner setting forth the
					 change in date and the reasons for the change. The approval of the commissioner
					 must be obtained for any such change. A change in the date of commencement or
					 completion of construction is not an amendment to an application pursuant to
					 section 710.5 of this Title.
(c)
(1) The
					 failure, neglect or refusal of an applicant to submit documentation or
					 information, within the stated time frame, to satisfy a contingency imposed by
					 the commissioner in conjunction with the proposal to approve an application
					 shall constitute and be deemed an abandonment or withdrawal of the application
					 by the applicant without the need for further action by the
					 commissioner.
(2) When an applicant
					 submits documentation or information, within the stated time frame, in an
					 attempt to satisfy a contingency imposed by the commissioner, but the
					 department does not consider the documentation or information sufficient to
					 satisfy the contingency, the department will so notify the applicant in writing
					 and inform the applicant of the reasons why the documentation or information is
					 not considered sufficient to satisfy the contingency. The applicant shall have
					 30 days from the date or receipt of the department's notice to submit to the
					 department additional or amended documentation or information to correct the
					 deficiencies and satisfy the contingency. The failure to submit such
					 documentation or information within the 30-day time period shall constitute and
					 be deemed an abandonment or withdrawal of the application by the applicant
					 without the need for further action by the commissioner. If additional or
					 amended documentation or information is submitted within the 30-day time period
					 but the department still does not consider it sufficient to satisfy the
					 contingency, the applicant will be so notified in writing, the application
					 shall be proposed for disapproval, and the applicant shall be afforded the
					 opportunity to request a hearing.