Sec. 620.5. Administrative review projects

(a) Applications for certification of need for administrative review projects shall be submitted, reviewed and approved in accordance with sections 620.7 and/or 620.9 of this Part.

(b) Administrative review projects include any of the following proposed actions:

(1) development or operation of a community residence (see glossary, section 620.13 of this Part);

(2) development of all other new programs requiring an operating certificate, and whose acquisition (see glossary), construction (see glossary), or capital expenditure for physical plant and/or equipment/assets in support of the programs, or a combination thereof, is estimated to be under $600,000;

(3) acquisition, construction, or capital expenditure for physical plant and/or equipment/assets in support of an existing program, or a combination thereof, estimated to be under $600,000 but more than $30,000;

(4) relocation of an existing program or part thereof:

(i) which involves acquisition of property and/or renovation or reconstruction by purchase costing less than $600,000; or

(ii) which involves acquisition of property and/or renovation or reconstruction by other means which, if acquired by purchase, would have cost less than $600,000;

(5) expansion or contraction of specific services currently offered;

(6) any change of ownership of a facility, program, or program site whether by purchase, donation, merger or otherwise;

(7) an increase or decrease in certified capacity of an existing program;

(8) an incorporation of a corporation, the certificate of which requires the approval of the commissioner subject to the provisions of section 620.8 of this Part;

(9) any amendment of a certificate of incorporation of an existing corporation extending its powers of purpose to enable it to operate a new program or facility subject to the provisions of section 620.8 of this Part;

(10) amendment of a certificate of incorporation which does not add or delete the power to provide services for persons with developmental disabilities, subject to the provisions of section 620.8 of this Part;

(11) the conversion of a program operated exempt from article 16 of the Mental Hygiene Law to become subject to article 16 of the Mental Hygiene Law; and

(12) the termination of an existing program.

(c) The proposed project is included in the planning process as evidenced by inclusion in OPWDD's operational planning documents. If a proposed project is inconsistent with operational planning documents, it shall be considered to be a substantial review project.