New York Codes, Rules and Regulations
Title 7 - DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION
Chapter I - General Provisions
Part 3 - Amendment, Interpretation And Construction Of Title
Section 3.5 - Interpretations

Universal Citation: 7 NY Comp Codes Rules and Regs ยง 3.5

Current through Register Vol. 46, No. 12, March 20, 2024

(a) In any case where a situation arises which is not covered by law, or by specific rule or regulation, policy statement, or administrative order of the department, the procedure shall be as provided in this section.

(b) Wherever practicable, the superintendent of the facility shall request a policy statement or direction from the commissioner, and such statement or direction shall be applied. The request should be in writing but may be made orally where necessary and, where made orally, shall be followed up as soon as possible with a written request.

(c) Where, in the reasonable judgment of the superintendent of a facility, action must be taken before a policy statement or direction can be obtained, the procedure to be followed shall be determined by the superintendent. But any such determination, and a full statement of the facts and circumstances that gave rise to the determination, shall immediately be reported to the commissioner in writing.

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