9 NYCRR Part 7304 - Executive Department

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Source version current through Mar 31, 2022

All 4 displayed sections in this Part carry the same compiled date. Status and warnings stay on each section.

9 NYCRR 7304.1 - Definitions

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

As used in this Part, the following definitions shall apply to the terms listed below:

(a)Facility shall mean a specialized secure juvenile detention facilities for older youth.

(b)Commission shall mean the New York State Commission of Correction.

9 NYCRR 7304.2 - Certification required

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

No facility, subject to regulation, inspection and evaluation by the commission, shall be operated unless it shall possess valid operating certificates issued by the Office of Children and Family Services (OCFS), and the commission pursuant to this Part.

9 NYCRR 7304.3 - Application for certification

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

Any application for an operating certificate pursuant to this Part shall be made upon forms prescribed by the commission, which shall contain:

(a)the name of the facility and its location;

(b)the name and address of the authorized agency, corporation, association, organization, proprietary operator or public agency, who or which operates such facility;

(c)any plan to collocate a facility with a juvenile secure detention facility;

(d)the counties to be serviced by the facility;

(e)a physical description of the facility, including land, buildings and equipment;

(f)proposed resident capacity;

(g)a plan and description of staff positions, including duties and qualifications;

(h)if applicant is a corporation, the names, addresses and occupations of the members of the board of directors;

(i)the ownership or control of the land and premises, if other than the operator; and

(j)such other information as may be required.

9 NYCRR 7304.4 - Approval, revocation and renewal of certification

A matched Register action is not later than the compiled-text reference date.

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Mar 31, 2022
Related Register notice: CMC-01-18-00005-A · Adopted rule
Related notice published: Apr 11, 2018
Related notice effective date: Apr 11, 2018

(a)An application shall be approved, and an operating certificate shall be issued, only when the commission finds that the facility meets, and will be operated in accordance with, the requirements of this Chapter.

(b)Certification shall be granted in writing for a period of not more than two years, and may be revoked at any time by the commission if it finds the facility to be unsafe, unsanitary, or in violation of the regulations contained in this Chapter.

(c)At least 90 days prior to the expiration an operating certificate, the facility shall refile an application for the renewed issuance of such operating certificate. Any determination by the commission to renew an operating certificate shall be made in accordance with subdivision (a) of this section.

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