N.Y. Comp. Codes R. & Regs. tit. 9 § 7603.3

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

Section 7603.3 - Variance applications

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

(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 belief that compliance with the specific rule and regulation cannot be achieved;

(3) when the application is made for reasons stated in paragraphs (1) and (2) of section 7603.2(a) of this Part, 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 commissioner deems supportive of the application; and

(4) when the application is made for reasons stated in section 7603.2(a)(3) of this Part, the specific plans which fully explain and support alternative methods of compliance when compliance is to be achieved in a manner other than that which is specified in the provisions of this Chapter.

(5) when the application is made for reasons stated in section 7603.2(b) of this Part, the specific program(s) or need(s) in question shall be described in detail, together with an explanation as to why such program(s) or need(s) cannot reasonably be met, would be inordinately delayed, or cannot be established at an alternate correctional facility sufficient to meet the needs of the inmate population.

(c) The commission may require additional information concerning any variance application prior to rendering its decision.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7603.3

Renumbered from subtitle AA of chapter V New York State Register April 11, 2018/Volume XL, Issue 15, eff. 4/11/2018