New York Codes, Rules and Regulations
Title 14 - DEPARTMENT OF MENTAL HYGIENE
Chapter X - Alcoholism
Part 343 - Alcohol Awareness Education Program For Youth
Section 343.14 - Certification registry and renewal
Universal Citation: 14 NY Comp Codes Rules and Regs ยง 343.14
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Registry. The division shall maintain a current registry of all certified providers of alcohol awareness programs for youth.
(b) Certification renewals. Certification renewal shall be required every two years and in accordance with the following procedure:
(1) At least 120 days prior to the
expiration, the division shall notify the certified provider of such expiration
date of such notice shall include an application for the certification
renewal.
(2) At least 60 days prior
to the expiration date of the certification, the completed certification
renewal form shall be submitted as directed to the division.
(c) Review of renewal applications.
(1) The renewal application
shall be reviewed by the division within 30 days of receipt. All information
submitted in the application shall be subject to verification and approval by
the division.
(2) After review of
the renewal application, the division shall renew certification, place a
certified provider on probationary status, or deny renewal in accordance with
this section.
(d) Grant of renewal. If the division determines that certification should be renewed, the certified provider shall be notified in writing by regular mail.
(f) Denial of renewal.
(1) Renewal may be denied if it is determined
that:
(i) user fees have been lost,
misapplied, diverted or expended for purposes other than those for which they
were paid;
(ii) the certified
provider receives a direct or indirect benefit from making or directing that a
referral be made to any particular resource;
(iii) the certified provider knows that a
program staff member has received or is receiving an inappropriate direct or
indirect benefit from making or directing that a referral be made to any
particular resource and the certified provider does not correct the
problem;
(iv) confidentiality
measures pursuant to section
343.13
of this Part have not been established or followed;
(v) a plan to correct deficiencies has not
been satisfactorily implemented;
(2) If a program has been denied renewal, it
shall be notified by registered mail, return receipt requested. Such
notification shall state that certification shall be invalid on the date of
expiration.
(f) Conferral of probationary status.
(1) The
division may place a certified provider on probationary status upon
determination of any of the following:
(i) a
program is not being implemented as outlined in its application or as otherwise
approved by the division;
(ii) a
program does not comply with relevant state statutes or regulations;
(iii) reports have not been submitted in a
timely fashion;
(iv) payment of
administrative fees in accordance with section
343.11 of
this Part has not been made to the division in a timely fashion;
(v) unapproved and/or unqualified instructors
are being used for the program;
(vi) the local community services board has
withdrawn its approval;
(vii) the
program is not working in cooperation with local courts; and/or
(viii) the division has been denied access to
the program for on site inspections.
(2) If a certified provider is placed on
probationary status, it shall be notified by certified mail, return receipt
requested. Such notification shall state that such provider shall submit a plan
of correction within 30 days of receipt of the notification and in accordance
with division instructions.
(3)
After receipt of the required plan of correction from the certified provider,
the division shall conduct a follow-up on-site inspection of such provider, or
shall take other appropriate measures to review plan compliance.
(i) If the division determines that the plan
of correction has been satisfactorily implemented and deficiencies no longer
exist, certification shall be renewed.
(ii) If the division determines that the plan
of correction has not been satisfactorily implemented and/or deficiencies
persist, certification renewal shall be denied.
(d) Failure to apply for renewal. If a certified provider fails to apply for certification renewal within the 60 days prior to the expiration date of certification, such provider shall be sent a written notice by the division stating that certification will be invalid on the date of expiration.
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