N.Y. Comp. Codes R. & Regs. tit. 18 § 491.4

Current through Register Vol. 46, No. 43, October 23, 2024

Section 491.4 - Operating certificates

(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.

N.Y. Comp. Codes R. & Regs. Tit. 18 § 491.4

Amended New York State Register December 11, 2019/Volume XLI, Issue 50, eff. 1/1/2020