N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 49-1.3 - Initial Application for Approval to Operate Under SARA

(a) An institution may apply to the department for approval to operate under SARA on a form and in a timeframe prescribed by the Commissioner, with the required fees as prescribed in section 49-1.7 of this Subpart.

(b) All complete applications will be reviewed by the department to determine whether the institution meets the eligibility requirements set forth in this Subpart. Following the department's review of an institution's application for approval, the department shall take one of the following actions:

(1) Approval. The department shall approve all institutions that meet the requirements set forth in this Subpart. The term of approval shall be one year from the date of notification of approval and may be renewed annually thereafter based on a renewal application. An extension of such term may be granted at the discretion of the Commissioner.

(2) Disapproval. The department shall disapprove all institutions that do not meet the requirements set forth in this Subpart. If an institution's application for participation in SARA is disapproved, the department will provide the institution with a written reason for such disapproval. Within 10 days of the date of the written notification of disapproval, the institution may appeal such disapproval to the Commissioner or his/her designee in a manner prescribed by the Commissioner. An institution that has been disapproved may reapply to the department no earlier than 180 days from the date of disapproval.

(3) Provisional approval. The department may, at its discretion, provisionally approve institutions for participation in SARA, subject to the specific terms for provisional approval identified in the SARA policies and standards.

N.Y. Comp. Codes R. & Regs. Tit. 8 §§ 49-1.3

Adopted New York State Register September 28, 2016/Volume XXXVIII, Issue 39, eff. 9/28/2016

Amended New York State Register December 30, 2020/Volume XLII, Issue 52, eff. 12/30/2020