New York regulations
Title 9 Part 7050
Executive Department
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9 NYCRR 7050.1 - Policy
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(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.
9 NYCRR 7050.2 - Application for a variance
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Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)Any application for a variance shall be made in writing by the chief administrative officer and shall state:
(1)the specific rule, regulation or provision thereof at issue;
(2)when the application is made pursuant to section 7050.1(a)(1) of this Part for a variance from full compliance with a specific rule or regulation, the specific plans, provisions and timetables for achieving full compliance with the rule or regulation at issue and any other appropriate supportive material; or
(3)when the application is made pursuant to section 7050.1(a)(2) of this Part for a variance, in that compliance is to be achieved in a manner other than that which is specified in the provisions of this Subtitle, specific plans fully explaining and supporting such alternative manner of compliance; and
(4)where applicable, the time period for which the variance is requested.
9 NYCRR 7050.3 - Review of application for a variance
No later Register activity identified in this check.
Dates and status
- Compiling agency
- Executive Department
- Text status
- Source receipt
- Compiled text through
- Mar 31, 2022
- Register checked through
- July 29, 2026/Vol. XLVIII, Issue 30 (2026-07-29)
- Activity status
- No later Register activity identified in this check.
- Source snapshot
- Jun 6, 2026
(a)The State Commission of Correction shall issue a written determination upon any application made pursuant to this Part. Such written determination shall include the specific facts and reasons underlying the determination. If the variance is granted, the New York State Commission of Correction shall stipulate:
(1)where applicable, the time period for which the variance is granted; and
(2)any requirements imposed by the State Commission of Correction as conditions upon the variance.
(b)The State Commission of Correction shall issue the written determination required pursuant to subdivision (a) of this section within 30 days after receipt of an application for a variance made pursuant to this Part.