N.Y. Comp. Codes R. & Regs. tit. 10 § 710.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 710.3 - Review of application; project scope and concept

(a) The department may request the applicant in writing to submit additional documentation and information in order to complete the review of the application, project scope and concept. Except as provided for in subdivision (b) of this section, if the applicant does not submit the additional documentation or information to the department within the time specified in the request, or as extended by the department in writing, the application shall be deemed abandoned and withdrawn upon written notice to the applicant.

(b) If an application includes a proposal to correct a violation of any provision of the Public Health Law or this Title, which violation, as determined by the commissioner, directly affects or threatens to directly affect the health, safety or welfare of any patient or resident, the application shall not be deemed abandoned or withdrawn due solely to the failure by the applicant to submit the requested documentation and information within the prescribed time. The provisions of this subdivision shall not affect the authority of the department to institute any action or proceeding with respect to the facility concerning the violation of any provision of the Public Health Law or this Title.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 710.3