New York Codes, Rules and Regulations
Title 18 - DEPARTMENT OF SOCIAL SERVICES
Chapter II - Regulations of the Department of Social Services
Subchapter C - Social Services
Article 4 - Residential Programs for Victimes of Domestic Violence
Part 452 - GENERAL PROVISIONS
Section 452.5 - Operating certificates: general provisions, enforcement and hearings
Universal Citation: 18 NY Comp Codes Rules and Regs ยง 452.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Issuance. An operating certificate will be issued to a residential program for victims of domestic violence only when it has been determined after a review of the completed application and supporting documentation submitted by the program, and an onsite inspection of the domestic violence shelter or domestic violence mixed occupancy shelter by the Office, has determined the program is in compliance with all applicable regulations.
(b) Duration. An operating certificate will be valid for up to three years from date of issuance and only for the premises specified and may be limited, suspended or revoked at any time for failure to comply with regulations of the Office or for just cause.
(c) General provisions.
(1) The certificate must be prominently
displayed in the shelter, domestic violence program or mixed occupancy shelter,
network office, or sponsoring agency office.
(2) The certificate will specify the maximum
number of residents who may be in residence at the residential program for
victims of domestic violence at any one time, or the maximum number of safe
homes or safe dwellings which may be approved. For domestic violence sponsoring
agencies, the certificate will also specify the maximum number of residents for
each safe dwelling at any one time.
(3) There will be no fee for the issuance of
an operating certificate.
(4)
Certificates are not transferable.
(d) Enforcement actions. Any violation of applicable statutes or regulations may be a basis for OCFS to limit, suspend, revoke or terminate an operating certificate, or for just cause.
(1) As outlined in section
452.8(f)
of this subpart, the Office must provide a written report to the provider
identifying any regulatory violations and a time frame for the correction.
Failure on the part of the provider to complete corrective action within the
timeframe specified or approved by the Office will constitute sufficient cause
for the Office to commence enforcement action to limit, suspend or revoke an
operating certificate.
(2) The
Office may limit an operating certificate to restrict any aspect of program
operations until deficient conditions are corrected, and the program is deemed
to be in compliance with regulations. Limiting an operating certificate
includes, but is not restricted to, actions such as the closing or reducing of
program admissions, reducing the total number of persons who may receive
services through the program or eliminating or modifying any aspect of the
program or program services.
(3)
The Office may suspend an operating certificate for a period of time until the
program can demonstrate that it has corrected the endangering conditions or
deficiencies and is in compliance with the regulations. During the period of
suspension, a program must not provide residential services to eligible
individuals.
(4) The Office may
revoke an operating certificate for the remainder of its designated term based
upon the presence of endangering conditions or significant deficiencies. In
this situation, the residential program is deemed to be closed and is no longer
authorized to provide residential services to eligible individuals.
(e) Hearings.
(1) Before an operating certificate is
limited, suspended, or revoked, the Office will provide at least 30 days prior
notice to the provider or applicant of the time and place of the hearing in
accordance with the procedures established in Part 343 of this Title.
(i) The limitation, suspension or revocation
will become final if the applicant or holder fails to request an adjournment
within the 30-day period or does not appear at the hearing.
(ii) The Office may require the program to
post the revocation of licensure on the premises of the facility.
(2) Notwithstanding paragraph (1)
of this subdivision, an operating certificate may be temporarily limited or
suspended in its terms without a hearing upon a finding by the Office that
health, safety or welfare of a resident is in imminent danger. In such
circumstances, the Office will provide written notification to the residential
program.
(i) The provider has 10 days from
the date of the temporary limitation or suspension of the operating certificate
to request a hearing from the Office. Such request must be made in
writing.
(ii) Failure to contest
the temporary limitation or suspension will be prima facie evidence that the
finding of imminent danger is valid, and the temporary suspension will continue
in effect until the Office has determined the condition requiring such
suspension is corrected or the operating certificate is permanently revoked or
terminated.
(iii) The temporary
suspension will continue in effect until the Office has determined that the
condition requiring such suspension is corrected, the operating certificate is
permanently revoked or terminated, or a hearing decision orders the lifting of
the suspension or limitation.
(3) A notice of hearing will be served in
person or by certified mail addressed to the provider at the last address
provided to the Office, at least 30 days prior to the date of the hearing. The
notice will specify the time and place of the hearing, the proposed action and
the charges which are the basis for the proposed actions. The charges will
specify the statutes, rules and regulations, or other applicable requirements
of law with which the provider failed to comply and will include a brief
statement of the facts pertaining to such noncompliance.
(4) When an enforcement is commenced against
a provider that operates multiple residential domestic violence facilities, the
Office may assess the health and safety of the residents in the other domestic
violence facilities operated by the provider and take appropriate action to
protect the health and safety of the residents when warranted.
Disclaimer: These regulations may not be the most recent version. New York may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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