reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part:
(a) The term council means the New York State
				Council on the Arts, a State agency.
(b) The term financial assistance means the
				funds applied for and/or received under the Capital Initiative Program for up
				to 50 percent of the approved costs of an eligible project, which funds may be
				provided in the form of a grant, in the form of a loan or in any combination
				thereof.
(c) The term panel means
				the Capital Initiative Panel, composed of qualified individuals and engineers
				selected by the council chairman and approved by the council, and established
				for the purpose of reviewing applications to the Capital Initiative Program and
				making recommendations to the appropriate council committee with respect to
				approval or denial of such applications.
(d) The term program guidelines means the New
				York State Council on the Arts Program Guidelines for the current State fiscal
				year.
(e) The term project means
				the capital project that the applicant seeks to finance with the financial
				assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An organization
				shall be eligible to apply for financial assistance if it:
(1) is a current applicant to the council for
				funding under one or more of the council's other funding programs;
(2) has received funding from the council in
				each of the prior three State fiscal years;
(3) is not approved for financing for the
				project from any other State assistance program during the current fiscal year
				in which the application is made; and
(4) can demonstrate:
(i) ownership of a condominium, a building or
				part of a building;
(ii) ownership
				of shares representing a cooperative interest in a building;
(iii) possession of a lease-purchase interest
				in a building or part of a building; or
(iv) possession of a lease in a building or
				part thereof having an unexpired term of five years or an unexpired term of
				three years with an option to renew such lease for an additional term of two
				years or more.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.4 - Application requirements

Current through Register Vol. 46, No. 28, July 10, 2024
In order for an application to be deemed complete and
				  eligible for panel review, each applicant shall:
(a) demonstrate that adequate operating
				support and resources will be available at the completion of the project to
				provide an improved or increased level of service;
(b) submit verification that the remaining
				cost of the project, exclusive of the amount of financial assistance, has been
				or will be obtained;
(c)
				demonstrate that the project will be completed promptly and in accordance with
				the application;
(d) either
				demonstrate that the operation of the organization will be made more economical
				or efficient as a consequence of approval or demonstrate that health and safety
				concerns will be addressed or access to handicapped provided;
(e) submit a statement from an architect, an
				engineer or an attorney providing that the project shall be conducted in
				accordance with all applicable Federal, State and local laws and
				regulations;
(f) submit two or more
				written estimates from contractors solicited by the applicant to perform work
				on the project in order to demonstrate that competitive bidding procedures have
				been followed;
(g) provide the
				council with a lien on the property or a personal guarantee from a member of
				the applicant's board of directors, or such other individuals satisfactory to
				the council, to secure repayment of the funds granted or loaned in the event
				that repayment pursuant to section
				6404.12  of
				this Part becomes necessary;
(h)
				provide the council with an assessment of the useful life of the project, which
				shall be determined by referring to the terms of probable life set forth in
				section 61 of the New York State Finance Law; and
(i) demonstrate that all contracts for the
				project will be executed in accordance with the affirmative action requirements
				set forth in section 3.07 (12)  of the Arts and Cultural Affairs Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.5 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
Each application for financial assistance shall be submitted
				  to the council by the eligible organization. The procedures for submitting an
				  application to the council are set forth in the program guidelines, which can
				  be obtained by all applicants from the council. Requests for copies of the
				  program guidelines should be sent to: New York State Council on the Arts, 915
				  Broadway, New York, NY 10010.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.6 - Review by dormitory authority

Current through Register Vol. 46, No. 28, July 10, 2024
Any application for financial assistance for a project whose
				  total cost equals or exceeds the sum of $300,000, which is deemed acceptable
				  after preliminary review by the council, shall be submitted to the Dormitory
				  Authority of the State of New York for technical review. In addition, the
				  council, in its discretion, may submit any application, irrespective of the
				  amount of financial assistance requested or the total project cost, to the
				  Dormitory Authority for technical review. The Dormitory Authority shall
				  evaluate the application for each project so submitted and provide the council
				  with a written recommendation for approval or disapproval of the request for
				  financial assistance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.7 - Affirmative action requirements

Current through Register Vol. 46, No. 28, July 10, 2024
Every applicant must comply with the affirmative action
				  requirements set forth in section 3.07 (12)  of the Arts and Cultural Affairs
				  Law. In order to comply, all applicants must include specific
				  antidiscrimination language in all contracts with contractors and vendors that
				  will perform work or provide services in connection with the project, and must
				  require all such contractors and vendors to include such antidiscrimination
				  language in any subcontracts entered into in connection with work or services
				  to be performed on the project. In addition, certain applicants will be
				  required to undertake and to require their contractors to undertake certain
				  affirmative action measures in connection with any work to be performed on the
				  project. The antidiscrimination language and the affirmative action
				  requirements are set forth in detail in the council's Affirmative Action
				  Guidelines for Applicants, Grantees, Contractors and Subcontractors
				  Participating in New York State Council on the Arts' Capital Initiative (the
				  "Guidelines"). The Guidelines shall automatically be mailed by the council to
				  all applicants to the Capital Initiative Program, or can be obtained by sending
				  a request to Contract Compliance Officer, New York State Council on the Arts,
				  915 Broadway, New York, NY 10010.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.8 - Panel requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				panel shall be comprised of at least 11 members, three of whom shall be
				licensed professional engineers. The recommendations made by such engineers
				concerning each application shall be considered independently from the reviews
				of other panel members.
(b) The
				engineers serving on the panel may be designated by the council to conduct
				audits or act as consultants to the council in connection with the review of
				applications.
(c) The quorum
				requirements set forth in section 41 of the New York General Construction Law
				shall govern any vote or the taking of any action by the panel. Nothing
				contained in this section shall be deemed to affect quorum requirements or to
				require the presence of all such engineers at any panel meeting.
(d) The advice and recommendations of the
				panel shall not be final determinations of the council.
(e) In addition to the panel requirements set
				forth in this section, the panel shall be governed by the advisory panel
				procedures set forth under Part 6403 of this Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.9 - Funding criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to the funding criteria set forth in the program
				  guidelines, the panel shall consider the following factors in its review of
				  applications to Capital Initiative Program:
(a) the condition of the existing
				building;
(b) quality of the
				project's design in conjunction with the qualifications of the project's
				consultants;
(c) the analysis of
				need as provided in a feasibility study or other documentation required by the
				council;
(d) the available
				resources for the project;
(e) the
				nature of the activities proposed to take place at the site which is the
				subject of the application;
(f)
				impact on the community;
(g) where
				appropriate, the needs of rural or minority communities;
(h) a statement of the fiscal resources of
				the applicant which shall be set forth in any one of the following documents
				prepared by or for the applicant during the applicant's prior fiscal year: a
				financial statement prepared by a certified public accountant, an annual
				statement of income and expenses, a Federal tax return with all itemizations
				and breakdowns, or a long form report from the Office of Charities Registration
				of the New York Department of State; and
(i) if the application is for a loan, the
				applicant's ability to successfully meet all commitments under the
				loan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.10 - Appeals

Current through Register Vol. 46, No. 28, July 10, 2024
Any applicant denied financial assistance may file an appeal
				  if entitled under Part 6401 of this Title. The appeals procedures set forth
				  under Part 6401 of this Title shall govern any appeal filed pursuant to this
				  section.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.11 - Cultural services contract

Current through Register Vol. 46, No. 28, July 10, 2024
Every applicant granted financial assistance shall be
				  required to execute a cultural services contract with the council. The
				  procedures for entering into a cultural services contract are described in
				  detail in the program guidelines.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.12 - Repayment of funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				organization shall provide the council with 30 days prior notice of any sale or
				other disposition of the property or termination of the lease which occurs
				prior to the expiration of the useful life of the project or, if financial
				assistance was provided in the form of a loan, prior to the expiration of the
				term of the loan. Upon receipt of such notice, the council shall require the
				owner of the property or the guarantor to repay to the council:
(1) if financial assistance was provided in
				the form of a grant, an amount equal to that portion of the approved costs of
				the project financed by the financial assistance less accumulated depreciation
				as of the date of such sale, disposition or termination;
(2) if financial assistance was provided in
				the form of a loan, an amount equal to the unpaid balance of the loan;
				or
(3) if financial assistance was
				provided in a combination of a grant and a loan, an amount equal to:
(i) the grant portion less accumulated
				depreciation; and
(ii) the unpaid
				balance of the loan portion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle W - New York State Council on the Arts › Part 6404 - Procedure For Submission And Review Of Applications To Capital Initiative Program › Section 6404.13 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.1 - Authority and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The comprehensive Jobs Two Thousand for New York State
					 (J2K) Act recognizes that research performed at institutions of higher
					 education has played a valued role in the welfare and success of New York's
					 economy. The act further recognizes that in order to serve the best interests
					 of higher education institutions and business in New York State, it is
					 important to foster university-industry relationships and remove those barriers
					 that impede or slow the development of these relationships. In order to
					 facilitate university-industry relationships and to advance the State's
					 world-class research institutions, the act established the New York State
					 Office of Science, Technology and Academic Research (NYSTAR), a new State
					 agency within the Executive Department. NYSTAR is charged with encouraging
					 research and economic development involving academic institutions and with the
					 administration of the newly created Research Development Program which includes
					 the Faculty Development Program. The Faculty Development Program assists
					 institutions of higher education in New York State to recruit and retain
					 leading research faculty in the fields of science and technology. The Faculty
					 Development Program is intended to provide interim State assistance to generate
					 a long-term commitment by the academic institution to the funded
					 entrepreneurial research endeavor. State funds will be provided to enhance the
					 research environment of New York academic institutions in order to attract
					 stellar research faculty. Such faculty are intended to:
(a) pursue entrepreneurial enterprises
				  resulting in new businesses or the expansion of existing businesses in New York
				  State;
(b) enhance the research
				  capabilities and reputation of their respective academic institutions;
				  and
(c) leverage and attract
				  Federal funds, venture capital, and private industry funds. The goal of the
				  resulting faculty research teams is to spur economic development in New York
				  through their high technology initiatives.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
Consideration for the allocation of awards shall be given
					 to institutions of higher education within the State which satisfactorily
					 demonstrate:
(a) a specific need for
				  such funds; and
(b) the manner in
				  which such award would enhance the research capabilities and reputation of the
				  respective academic institution.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.4 - Duration of award

Current through Register Vol. 46, No. 28, July 10, 2024
Awards will be for a term no greater than five years
					 subject to availability of funds and continued satisfactory
					 performance.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.5 - Matching fund requirement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  award recipient's match obligation is reflected in the schedule below:
(1) In year one of the award, for each dollar
				  of State assistance payment made to the award recipient for a reimbursable
				  expense, the award recipient is required to demonstrate one dollar of
				  match.
(2) In year two of the
				  award, for each dollar of State assistance payment made to the award recipient
				  for a reimbursable expense, the recipient is required to demonstrate 1.25
				  dollars of match.
(3) In year three
				  of the award, for each dollar of State assistance payment made to the award
				  recipient for a reimbursable expense, the recipient is required to demonstrate
				  1.5 dollars of match.
(4) In year
				  four of the award, for each dollar of State assistance payment made to the
				  award recipient for a reimbursable expense, the recipient is required to
				  demonstrate 1.75 dollars of match.
(5) In year five of the award, for each
				  dollar of State assistance payment made to the award recipient, the recipient
				  is required to demonstrate 2.0 dollars of match.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.6 - Award amount and schedule of reduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director in consultation
				  with the advisory council will determine the types of projects to be funded
				  from the allocation for each fiscal year based on factors which shall include,
				  but need not be limited to:
(1) consistency
				  with the requirements and intent of the Jobs Two Thousand for New York State
				  (J2K) Act;
(2) demand as evidenced
				  by the number and type of applications previously received for this and other
				  programs administered by NYSTAR; and
(3) public comments and requests received by
				  NYSTAR or other appropriate evidence of need.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.7 - Application process and selection criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Awards will be made through a request for
				  proposals.
(b) The request for
				  proposals shall include the criteria upon which the awards will be
				  made.
(c) Criteria for such awards
				  shall include, but are not limited to:
(1) the
				  ability of the faculty member to leverage and attract Federal funds, venture
				  capital and private industry funds; and
(2) the willingness of the faculty member to
				  pursue entrepreneurial enterprises resulting in new business or the expansion
				  of business in New York State.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.8 - Reimbursement process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  State assistance will be available on a reimbursement basis. Award recipients
				  shall submit periodic invoices and requests for payment, in formats acceptable
				  to NYSTAR, as work is performed and costs incurred.
(b) NYSTAR will establish periodic reporting
				  requirements to monitor ongoing progress toward stated objectives and the
				  performance of activities stipulated in the contract.
(c) Costs eligible for reimbursement include
				  costs directly associated with the purpose of the project including but not
				  limited to:
(1) compensation for the
				  recruited and/or retained faculty member;
(2) support for research staff and graduate
				  students on the faculty member's team;
(3) certain relocation expenses;
				  and
(4) preparing and/or equipping
				  the faculty member's work space.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.9 - Continuing obligations of award recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) NYSTAR may request that the award
				  recipient continue to provide to NYSTAR following termination of the contract
				  certain data and information about the progress achieved by the project,
				  including without limitation the economic impact of the project.
(b) To the extent that the contract provides
				  that revenues from royalties, licenses or other sources shall be payable to the
				  State, such payments may continue subsequent to the termination of the contract
				  as provided in the contract.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle X - NYS Office of Science, Technology and Academic Research › Chapter I - Research Development Program › Part 6500 - Faculty Development Program › Section 6500.10 - Award limitations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				  awards shall be made to an institution of higher education within the State for
				  the purposes of recruiting a faculty member from another institution of higher
				  education within the State unless the applying institution can demonstrate to
				  NYSTAR's satisfaction, in its sole discretion, that such recruitment is in the
				  best interests of the State.
(b) No
				  award recipient who received an award for either recruitment or retention may
				  apply for an award for retention of the same faculty member within three years
				  of the termination of the prior award
(c) No State assistance payments awarded by
				  NYSTAR, or any other state funds made available by another State agency or
				  State public authority, may be included as part of the applicant's match. The
				  executive director, in his/her sole discretion, may waive this prohibition upon
				  a finding of good cause. Nothing in the subdivision prohibits the State
				  University of New York or the City University of New York from using a portion
				  of their respective operating funds as match.
(d) NYSTAR, in its sole discretion, may
				  terminate contracts which do not adhere to the timelines established in the
				  contract.
(e) The term of the
				  employment agreement between the award recipient and the recruited and/or
				  retained faculty member shall be at a minimum for a period coextensive with the
				  term of the award unless NYSTAR, for good cause shown, determines that it may
				  be of a shorter duration.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  New York State Office for the Aging follows the purposes and procedures of the
				  State Freedom of Information Law (FOIL).
(b) These regulations provide information
				  concerning the procedures by which records may be obtained.
(c) Personnel shall furnish to the public the
				  information and records required by the Freedom of Information Law, as well as
				  records otherwise available by law.
(d) Any conflicts among laws governing public
				  access to records shall be construed in favor of the widest possible
				  availability of public records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The director of the New York State Office
				  for the Aging is responsible for insuring compliance with the regulations
				  herein, and designates the following person(s) as records access officer(s):
Assistant Counsel - Records Access Officer
State Office for the Aging
Two Empire State Plaza
Albany, NY 12223-1251
Phone: (518) 474-4425
e-mail: http://www.aging.state.ny.us
(b) The records access officer is responsible
				  for insuring appropriate agency response to public requests for access to
				  records. The designation of a records access officer shall not be construed to
				  prohibit officials who have in the past been authorized to make records or
				  information available to the public from continuing to do so. The records
				  access officer shall insure that agency personnel:
(1) maintain an up-to-date subject matter
				  list;
(2) assist persons seeking
				  records to identify the records sought, if necessary, and when appropriate,
				  indicate the manner in which the records are filed, retrieved or generated to
				  assist persons in reasonably describing records;
(3) contact persons seeking records when a
				  request is voluminous or when locating the records involves substantial effort,
				  so that personnel may ascertain the nature of records of primary interest and
				  attempt to reasonably reduce the volume of records requested;
(4) upon locating the records, take one of
				  the following actions:
(i) make records
				  available for inspection; or
(ii)
				  deny access to the records in whole or in part and explain in writing the
				  reasons therefor;
(5)
				  upon request for copies of records:
(i) make
				  a copy available upon payment or offer to pay established fees, if any, in
				  accordance with section
				  6650.8  of this Part;
				  or
(ii) permit the requester to
				  copy those records;
(6)
				  upon request, certify that a record is a true copy; and
(7) upon failure to locate records, certify
				  that:
(i) the State Office for the Aging is
				  not the custodian for such records; or
(ii) the records of which the State Office
				  for the Aging is a custodian cannot be found after diligent search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
					 copying at the:
State Office for the Aging
Two Empire State Plaza
Albany, NY 12223-1251
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
					 records produced during all hours regularly open for business. These hours are
					 from: 9:00 a.m. to 5:00 p.m., Monday-Friday.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				  oral requests may be accepted when records are readily available.
(b) If records are maintained on the
				  internet, the requester shall be informed that the records are accessible via
				  the internet and in printed form either on paper or other information storage
				  medium.
(c) A response shall be
				  given within five business days of receipt of a request by:
(1) informing a person requesting records
				  that the request or portion of the request does not reasonably describe the
				  records sought, including direction, to the extent possible, that would enable
				  that person to request records reasonably described;
(2) granting or denying access to records in
				  whole or in part;
(3) acknowledging
				  the receipt of a request in writing, including an approximate date when the
				  request will be granted or denied in whole or in part, which shall be
				  reasonable under the circumstances of the request and shall not be more than 20
				  business days after the date of the acknowledgment, or if it is known that
				  circumstances prevent disclosure within 20 business days from the date of such
				  acknowledgment, providing a statement in writing indicating the reason for
				  inability to grant the request within that time and a date certain, within a
				  reasonable period under the circumstances of the request, when the request will
				  be granted in whole or in part; or
(4) if the receipt of request was
				  acknowledged in writing and included an approximate date when the request would
				  be granted in whole or in part within 20 business days of such acknowledgment,
				  but circumstances prevent disclosure within that time, providing a statement in
				  writing within 20 business days of such acknowledgment specifying the reason
				  for the inability to do so and a date certain, within a reasonable period under
				  the circumstances of the request, when the request will be granted in whole or
				  in part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				  access officer shall maintain a reasonably detailed current list by subject
				  matter of all records in its possession, whether or not records are available
				  pursuant to section 87 (2)  of the Public Officers
				  Law.
(b) The subject matter list
				  shall be sufficiently detailed to permit identification of the category of the
				  record sought.
(c) The subject
				  matter list shall be updated annually. The most recent update shall appear on
				  the first page of the subject matter list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
				  writing stating the reason therefor and advising the requester of the right to
				  appeal to the individual or body established to determine appeals, (who or
				  which) shall be identified by name, title, business address and business phone
				  number.
(b) If requested records
				  are not provided promptly, as required in section
				  6650.5 
				  of this Part, such failure shall also be deemed a denial of access.
(c) The following person or persons or body
				  shall determine appeals regarding denial of access to records under the Freedom
				  of Information Law:
Agency General Counsel
State Office for the Aging
Two Empire State Plaza
Albany, NY 12223-1251
Phone: (518) 474-4425
e-mail: http://www.aging.state.ny.us
(d) Any person denied access to records may
				  appeal within 30 days of a denial.
(e) The time for deciding an appeal by the
				  individual or body designated to determine appeals shall commence upon receipt
				  of a written appeal identifying:
(1) the date
				  and location of requests for records;
(2) a description, to the extent possible, of
				  the records that were denied; and
(3) the name and return address of the person
				  denied access.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				  no fee charged for:
(1) inspection of
				  records;
(2) search for records;
				  or
(3) any certification pursuant
				  to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address
					 of the records access officers and appeals person or body and the location
					 where records can be seen or copies shall be posted in a conspicuous location
					 wherever records are kept and/or published in a local newspaper of general
					 circulation.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter I - Public Access To Records › Part 6650 - Public Access To Records Of New York State Office For The Aging › Section 6650.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of these regulations or the application
					 thereof to any person or circumstances is adjudged invalid by a court of
					 competent jurisdiction, such judgment shall not affect or impair the validity
					 of the other provisions of these regulations or the application thereof to
					 other persons and circumstances.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6651 - General › Section 6651.2 - Applicable requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Requirements set forth in this Chapter apply to all programs and services using
				  OAA, CSE, or EISEP funds (including matching funds, contributions,
				  cost-sharing, and other program income).
(b) OAA, CSE, and EISEP programs must be
				  administered in accordance with State and Federal constitutional, statutory,
				  and regulatory requirements, including all applicable State and local health,
				  fire, safety, building, zoning, licensure, and sanitation laws, ordinances or
				  codes. In addition to complying with these laws, ordinances, or codes, any
				  alteration to buildings must be structurally sound.
(c) Federal requirements applying to OAA
				  include:
(1) the following parts of title 45
				  of the Code of Federal Regulations:
(i) part
				  1321, grants for State and community programs on aging;
(ii) part 16, procedures of the departmental
				  appeals board (U.S. Department of Health and Human Services);
(iii) part 74, administration of
				  grants;
(iv) part 80,
				  nondiscrimination under programs receiving Federal assistance through the
				  Department of Health and Human Services: effectuation of title VI of the Civil
				  Rights Act of 1964;
(v) part 81,
				  practice and procedures for hearings under part 80;
(vi) part 84, nondiscrimination on the basis
				  of handicap in programs and activities receiving benefits from Federal
				  financial participation;
(vii) part
				  91, nondiscrimination on the basis of age in programs or activities receiving
				  Federal financial assistance from HHS;
(viii) part 100, intergovernmental review of
				  the Department of Health and Human Services programs and activities;
				  and
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6651 - General › Section 6651.3 - State hearings and reviews

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  office offers the opportunity for a hearing to:
(1) under OAA, applicants for designation as
				  area agencies or as geographic areas to be served by area agencies whose
				  applications are denied;
(2) any
				  area agency when the office proposes to disapprove an area plan or withdraw
				  area agency status; and
(3) under
				  OAA, any service provider or applicant to be a service provider whose
				  application to an area agency to provide services under an area plan has been
				  denied by the area agency.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.3 - Area agency fund raising

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  area agency shall continue or initiate efforts to obtain support from private
				  and public sources for OAA, CSE, and EISEP services.
(b) An area agency which is part of municipal
				  government may solicit and receive funds from private sources pursuant to
				  section 95-a  of the General Municipal
				  Law.
(c) An area agency which is a
				  private organization may solicit funds from private sources, but may not charge
				  the expenses of organized fund raising to OAA, as prescribed by the United
				  States Office of Management and Budget circular A-122, attachment B (section
				  19[b]).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.5 - Staffing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An area agency
				  shall have a qualified full-time director and an adequate number of qualified
				  staff. The area agency shall submit as part of the area plan a staffing plan
				  that identifies the number and functions of staff assigned to carry out the
				  area agency's responsibilities regardless of the source of funds for such
				  staff.
(b) Subject to merit system
				  requirements, the area agency shall give preference in hiring and other
				  employment decisions to people 60 years of age or older.
(c) An area agency shall prepare, submit, and
				  comply with an affirmative action plan as prescribed by the office, covering
				  employment, service delivery, and contracting with minorityand women-owned
				  business enterprises. Any area agency which is a public agency must have and
				  implement an affirmative action program which complies with title 5 of the Code
				  of Federal Regulations, part 900, subpart E, standards for a merit system of
				  personnel administration (section 900.608).
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.6 - Area agency advisory council

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  An area agency shall establish an advisory council to continuously advise the
				  area agency on:
(1) developing and
				  administering the area plan;
(2)
				  conducting public hearings;
(3)
				  representing the interests of elderly people 60 and over; and
(4) reviewing and commenting on all community
				  policies, programs and actions that affect elderly people 60 and
				  over.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.7 - Withdrawal of area agency status

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An area agency may surrender area agency
				  status at any time.
(b) The office
				  withdraws an area agency's designation as an area agency when it finds, after
				  reasonable notice and opportunity for a hearing under this Chapter, that:
(1) the area agency does not meet the
				  requirements of section
				  6652.1 
				  of this Part;
(2) an area plan or
				  mandatory plan update or amendment cannot be approved under OAA; or
(3) the area agency substantially fails to
				  comply with this Chapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.8 - Designation of focal points

Current through Register Vol. 46, No. 28, July 10, 2024
(a) To
				  facilitate access to services and to encourage maximum co-location and
				  coordination of services for elderly people, each area agency shall designate,
				  if feasible, a focal point for comprehensive services delivery in each
				  community.
(b) In designating focal
				  points for comprehensive services delivery to the elderly, if feasible, the
				  area agency must consider:
(1) communities
				  with the greatest incidence of elderly people with greatest economic or social
				  needs, with particular attention to low-income minority individuals;
(2) the delivery pattern of services funded
				  under the area plan and from other sources;
(3) the location of multipurpose senior
				  centers and congregate nutrition sites;
(4) the geographic boundaries of communities
				  and natural neighborhoods; and
(5)
				  the location of facilities suitable for designation as focal points.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle Y - New York State Office for the Aging › Chapter II - Older Americans, Community Services, And Expanded In-home Services For The Elderly Programs › Part 6652 - Area Agencies On Aging › Section 6652.9 - Direct service provision by area agencies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The area agency must use subgrants or
				  subcontracts with service providers to provide all services funded under the
				  area plan unless the office grants permission for one or more services to be
				  delivered directly by the area agency.
(b) For OAA services, the office may grant
				  permission for direct service delivery by an area agency if the area agency
				  demonstrates that provision of such service by the area agency is necessary to
				  assure an adequate supply of the service, or that the service is directly
				  related to the area agency's administrative functions, or that service of
				  comparable quality can be provided more economically by the area
				  agency.
(c) For CSE or EISEP
				  services, except for case management under EISEP, the office may grant
				  permission for direct service delivery by an area agency if the agency provided
				  the service prior to approval of the area agency's first CSE plan, or if the
				  area agency demonstrates that direct provision of such service by the area
				  agency is necessary due to the absence of an existing suitable provider to
				  assure an adequate supply of the service, or to ensure the quality of the
				  service provided. (The office may approve direct delivery of EISEP case
				  management services without such a demonstration.)
(d) The area agency may plan, coordinate, and
				  provide services for the elderly funded through other programs or from other
				  sources if it continues to meet its responsibilities under this
				  Chapter.
(e) An area agency which
				  provides services directly shall develop and obtain approval from the office of
				  a mechanism for internal monitoring.