Current through Register Vol. 46, No. 39, September 25, 2024
(a) Upon
approval of an operational plan for a shelter for adults, a small-capacity
shelter or a shelter for adult families, the office will issue an operating
certificate to the operator of the facility. A social services district will
not be reimbursed for costs incurred for shelter and services provided by any
shelter for adults, small-capacity shelter, or shelter for adult families where
the operator of such facility does not have a valid operating certificate, and
no shelter for adults, small-capacity shelter, or shelter for adult families
for which a social services district seeks reimbursement under this Part may
continue to operate without a valid operating certificate.
(b) The operating certificate will remain
valid for so long as the operational plan approved by the office pursuant to
section
491.3 of this
Part remains in effect, or for a maximum of five years.
(c) The office may in its discretion issue a
temporary or provisional operating certificate to the operator of a shelter for
adults, a small-capacity shelter, or a shelter for adult families:
(1) where the facility's operational plan has
been approved, the facility can be operated substantially but not fully in
accordance with the operational plan, and the facility will be operated in full
compliance with the operational plan within a reasonable time; or
(2) for other good cause.
(d) An operating certificate
shall:
(1) specify the name and location of
the facility, the name of the operator, the type of facility, the capacity of
the facility, any conditions or limitations and the duration of the
certificate;
(2) be
nontransferable, except when the facility for which the operating certificate
issued is transferred to an operator of another shelter for adults, shelter for
adult families, or a shelter for families with children subject to Part 900 of
this Title that is operating pursuant to an operational plan approved by the
office and a valid operating certificate, in which case the new operator shall
submit a new or revised operational plan for office approval within 30 days of
the transfer;
(3) remain the
property of the office; and
(4) be
conspicuously posted in a publicly accessible area within the
facility.
(e) The
operating certificate of any facility may be revoked, suspended, limited or a
request for renewal denied upon a determination by the office that the operator
has failed to comply with an operational plan approved by the office pursuant
to section
491.3 of this
Part, these regulations, or any other State or local laws or regulations
applicable to the operation of shelters for adults, small-capacity shelters, or
shelters for adult families. An operator may, in writing and in accordance with
Part 343 of this Title, request administrative review of a decision by the
office under this section.
(f) The
operating certificate of any facility may be revoked, suspended or limited if
an operator is:
(1) unable, by reason of loss
of access or loss of right of possession to a facility, to continue to operate
in accordance with the operational plan approved by the office and as
certified; or
(2) unable, by reason
of catastrophe such as fire or flood, to operate in accordance with the
operational plan approved by the office and as certified for a period in excess
of 60 days.
(g)
(1) The operating certificate of any facility
may be revoked, suspended or limited, or an application for an operating
certificate denied, if an individual operator, or a member of the board of
directors, the executive director or chief administrative officer of a
not-for-profit operator is or has been within 10 years:
(i) convicted of a class A, B, or C felony,
or a class A misdemeanor; or
(ii)
convicted, in another state or in Federal Court, of a crime which would, if
committed in New York State, be considered a class A, B or C felony, or a class
A misdemeanor.
(2) Such
revocation, suspension or limitation of an operating certificate, or denial of
an application for an operating certificate, must be preceded by a
determination that:
(i) there is a direct
relationship between one or more of the criminal convictions and the fitness of
the individual to perform related duties or responsibilities; or
(ii) allowing an operating certificate would
involve an unreasonable risk to property or to the safety or welfare of
residents of the facility or of the general public.
(h) Each of the following factors
must be considered in making the determinations required by subparagraphs
(g)(2)(i) and (ii) of this section:
(1) the
public policy of the State to encourage the licensure of persons previously
convicted of one or more criminal offenses;
(2) the specific duties and responsibilities
necessarily related to the license sought or held by the person;
(3) the bearing the criminal offense or
offenses for which the individual was previously convicted will have on their
fitness to perform related duties or responsibilities;
(4) the time which has elapsed since the
occurrence of the criminal offense or offenses;
(5) the age of the individual at the time of
the occurrence of the criminal offense or offenses;
(6) the seriousness of the criminal offense
or offenses;
(7) any information
produced by the individual to demonstrate rehabilitation and good conduct,
including but not limited to a valid Certificate of Relief from Disabilities or
Certificate of Good Conduct issued in accordance with the State Correction Law;
and
(8) the interest of the office
in protecting the safety and welfare of residents or potential residents of
shelters for adults, small-capacity shelters or shelters for adult families, as
well as the general public.
(i) Upon voluntary or involuntary closure of
a shelter for adults, a small-capacity shelter or a shelter for adult families,
any operating certificate issued by the office to the operator shall be
surrendered to the office by personal delivery to a designated representative
or by certified or registered mail.
(j) A social services district may not be
reimbursed for costs incurred where a facility continues to operate after
revocation or suspension of an operating certificate, or where a facility fails
to comply with a limitation or limitations to an operating certificate imposed
by the office.
