N.Y. Comp. Codes R. & Regs. tit. 9 § 7050.1
Current through Register Vol. 46, No. 53, December 31, 2024
(a) The chief administrative officer of a local correctional facility may apply to the State Commission of Correction for a variance when: (1) full compliance with a specific rule or regulation of this Subtitle or any provision thereof cannot be achieved or maintained by or subsequent to the effective date of such rule or regulation; or(2) compliance is to be achieved in a manner other than that which is specified in such rules and regulations.(b) The State Commission of Correction may grant a variance only upon a determination that: (1) full compliance with a specific rule or regulation of this Subtitle or a provision thereof would create extreme practical difficulties or excessive hardships as a result of circumstances which are unique to a particular local correctional facility; or(2) compliance is to be achieved in an alternative manner sufficient to meet the intent of such rule or regulation.N.Y. Comp. Codes R. & Regs. Tit. 9 § 7050.1