N.Y. Comp. Codes R. & Regs. Tit. 18 § 441.26 - Waivers
(a) Any provision of
other Parts of this Title notwithstanding, a written waiver of one or more of
the non-statutory requirements of this of this Part may be issued be the Office
to an applicant for, or the holder of, a license or an operating certificate
from the Office to operate a program or facility pursuant to this Title.
Provided however, that no program or facility may apply for a waiver for any
requirements regarding non-discrimination. A waiver pursuant to this section
may be issued at the time of application for a license or operating certificate
to become a program or facility pursuant to this Title. A program or facility
which applies for a waiver subsequent to the issuance of a license or operating
certificate, must operate in full compliance with the regulations at all times
prior to the issuance of a waiver.
(b) An applicant for, or holder of, a license
or certificate to operate a program or facility pursuant to this Title must
submit to the office, in writing, any request for a waiver pursuant to this
section. The Office may prescribe a form to be used for waiver requests. The
application for a waiver must include:
(1)
The specific regulation or regulations for which a waiver is sought;
(2) The reason a waiver is necessary;
and
(3) A description of what will
be done to achieve or maintain the intended purpose of the regulation or
regulations for which a waiver is sought and to protect the health, safety and
welfare of the youth in the program or facility.
(c) The Office may require the applicant for,
or holder of, a license or operating certificate to make physical plant
modifications, and/or to adopt special methods, procedures, and/or policies to
protect the health, safety and welfare of youth as a condition of granting and
maintaining a waiver granted pursuant to this section.
(d) Written approval of a request for a
waiver will be granted only pursuant to a determination by the Office that the
proposed waiver will not adversely affect the health, safety or welfare of the
youth in the program or facility and that the intended purpose of the
regulation or regulations to be waived will be met.
(e) Waivers may be time limited, at the
discretion of the Office. Where a waiver is time limited, the program or
facility may apply for a continuation of the waiver. If the program or facility
does not apply for a continuation of the time-limited waiver or the
continuation of the time-limited waiver is not granted by the Office, the
program or facility must resume compliance with the regulation or regulations
for which the waiver had been issued upon the expiration of the
waiver.
(f) Failure to adhere to
the terms of the waiver and to any alternative measures required by the Office
as a condition of granting the waiver will result in recission of the waiver
and may constitute sufficient cause for the Office to limit, suspend, or revoke
the license or operating certificate of the facility or program for which the
waiver was granted. The Office must notify the program or facility in writing
of the recission of a waiver, and the recission will become effective upon the
receipt by the program of the written notification. The written notification of
the recission may be communicated through personal delivery, electronic mail,
telefax or regular mail, at the discretion of the Office.
Notes
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No prior version found.