New York Codes, Rules and Regulations
Title 9 - EXECUTIVE DEPARTMENT
Subtitle AA - STATE COMMISSION OF CORRECTION
Chapter III - Minimum Standards and Regulations for Management of Specialized Secure Juvenile Detention Facilities for Older Youth
Part 7360 - VARIANCES
Section 7360.3 - Application for a variance

Universal Citation: 9 NY Comp Codes Rules and Regs § 7360.3

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

(a) Any application to the Commission for a variance shall be made in writing by the director.

(b) Such application shall include:

(1) the specific rule, regulation or provision that is the subject of the application;

(2) the specific reasons and facts supporting the director's position that compliance with the specific rule and regulation cannot be achieved; and

(3) the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue, the time period for which the variance is requested, and any other material that the director deems supportive of the application.

(c) When the application is made for reasons stated in section 7360.2(a)(3) of this Part, the application shall also include the specific plans which fully explain and support alternative methods of compliance.

(d) The Commission may require additional information concerning any variance application prior to rendering a decision.

(e) The director shall immediately furnish OCFS a copy of any variance application submitted to the Commission pursuant to the Part.

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