New York regulations
Title 9 Part 7360
Executive Department
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9 NYCRR 7360.1 - Policy
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 commission recognizes the need to provide a mechanism by which a facility may apply for a variance to the requirements of this Chapter when situations exist or arise that would prevent or alter the facility's ability to meet such requirement. The commission may grant such variances only under specified conditions and when doing so will not jeopardize the safety, security, or operational stability of a facility.
(b)Consistent with the requirements of this Part, the director shall develop written policies and procedures that govern the application process of obtaining variances for the facility. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7360.2 - Conditions for applying 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 director may apply to the commission for a variance to requirements of this Chapter when:
(1)compliance with a specific rule or regulation cannot be achieved by the effective date of such rule or regulation;
(2)due to a temporary condition or situation, compliance with a specific rule or regulation cannot be achieved; or
(3)compliance is to be achieved in a manner other than that which is specified in such rule or regulation.
(b)The provisions of this Part shall not apply to any requirements of this Chapter where it is specifically stated that variances to such requirements are prohibited.
9 NYCRR 7360.3 - 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)Any application to the commission for a variance shall be made in writing by the director.
(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 director's position that compliance with the specific rule and regulation cannot be achieved; and
(3)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 director deems supportive of the application.
(c)When the application is made for reasons stated in section 7360.2(a)(3) of this Part, the application shall also include the specific plans which fully explain and support alternative methods of compliance.
(d)The commission may require additional information concerning any variance application prior to rendering a decision.
(e)The director shall immediately furnish OCFS a copy of any variance application submitted to the commission pursuant to the Part.
9 NYCRR 7360.4 - Review of variance application
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 commission shall review and, following consultation with OCFS, issue a written determination to the director on each variance application which complies with the requirements of this Part.
(b)When a variance is granted, the commission's determination shall specify:
(1)the time period for which the variance is granted; and
(2)any special requirements or conditions imposed as a condition of the variance.
(c)When a variance is granted, any special requirements or conditions imposed shall become the standard for the facility’s compliance with the particular regulation.