1/6/10 N.Y. St. Reg. OMH-01-10-00004-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend Part 595 of Title 14 NYCRR.
Statutory authority:
Mental Hygiene Law, sections 7.09 and 31.04
Subject:
Operation of Residential Programs for Adults.
Purpose:
To correct an inaccurate reference within current regulation.
Text of proposed rule:
Subdivision (b) of Section 595.2 of Title 14 NYCRR is amended to read as follows:
(b) Sections 31.05, 31.07, 31.09, 31.13 and 31.19 of the Mental Hygiene Law authorize the commissioner or his or her representative to examine and inspect programs to determine their suitability and proper operation. Sections [31.15] 31.16 and 31.17 of the Mental Hygiene Law authorize the commissioner to suspect, revoke or limit any operating certificate.
Text of proposed rule and any required statements and analyses may be obtained from:
Joyce Donohue, NYS Office of Mental Health, 44 Holland Avenue, Albany, NY 12229, (518) 474-1331, email:
cocbjdd@omh.state.ny.usData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
This rulemaking is filed as a Consensus rule on the grounds that its purpose is to make a technical correction and is non-controversial. No person is likely to object to this rulemaking since it merely corrects an erroneous reference to a section in the Mental Hygiene Law.
Current regulations refer to Sections 31.15 and 31.17 of the Mental Hygiene Law as providing authorization to the Commissioner of Mental Health with regard to suspension, revocation or limitation of an operating certificate. Section 31.15 is incorrectly identified, as it was repealed on October 5, 1999, by Section 15 of Chapter 558 of the Laws of 1999. The correct section concerning suspension, revocation, or limitation of an operating certificate and imposition of fines by the Commissioner of Mental Health is Section 31.16 of the Mental Hygiene Law.
Statutory Authority: Sections 7.09 and 31.04 of the Mental Hygiene Law grant the Commissioner of the Office of Mental Health the power and responsibility to adopt regulations that are necessary and proper to implement matters under his jurisdiction.
Job Impact Statement
A job impact statement is not included in this filing as it is apparent from the nature of the consensus rulemaking that there will be no impact on jobs or employment opportunities. The rulemaking merely corrects an inaccurate reference within current regulation.
