New York regulations
Title 9 Part 7434
Executive Department
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9 NYCRR 7434.1 - 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 State Commission of Correction (the commission) recognizes the need to provide a mechanism by which the Office of Children and Family Services (OCFS) may apply for a variance to the requirements of this Chapter when situations exist or arise that would prevent or alter OCFS’s ability to meet such requirement. The commission shall grant such variances only under specified conditions and when doing so will not jeopardize the safety, security, or good order of a secure facility.
(b)Consistent with the requirements of this Part, OCFS shall develop written policies and procedures that govern the application process of obtaining variances for each secure facility. These policies and procedures shall be reviewed annually and updated as needed.
9 NYCRR 7434.2 - Conditions for applying 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)The commissioner of OCFS 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 7434.3 - 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 commissioner of OCFS.
(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 OCFS’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 OCFS deems supportive of the application.
(c)When the application is made for reasons stated in section 7434.2(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.
9 NYCRR 7434.4 - 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 issue a written determination to the commissioner of OCFS 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, such variance and any special requirements or conditions imposed shall become the standard for compliance with the specific rule or regulation at issue for OCFS or the secure facility involved.