N.Y. Comp. Codes R. & Regs. tit. 10 § 791.6

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

Section 791.6 - Abandonment of an application and the expiration, withdrawal and annulment of prior approvals

(a) The failure, neglect or refusal of an applicant to implement in a timely manner an approved application for construction that must be implemented within the time limits set forth in section 791.5(a) of this Part or, with respect to such application, to comply with the provisions of paragraph (1), (7), (8) or (9) of subdivision (b) of this section shall constitute an abandonment of the application by the applicant and result in the expiration, withdrawal and annulment of the commissioner's approval.

(b) The failure, neglect or refusal of an applicant who has received approval for the repair, maintenance, alteration, acquisition, erection or building of a hospice inpatient facility or unit, or hospice residence, or part thereof to conform to the following requirements within the prescribed times, unless otherwise authorized in writing by the commissioner, shall constitute an abandonment of the application by the applicant and result in the expiration, withdrawal and annulment of the commissioner's approval:

(1) amending the application to supply or correct any and all deficiencies in any of the matters required to be set forth therein and to file same within 30 days after issuance of notice of such deficiencies;

(2) obtaining and having such estate or interest in the site, including necessary easements and rights-of-way, sufficient to assure use and possession for the purpose of the construction and operation of the facility;

(3) completing and filing design development drawings and revised project cost estimates within 120 days after approval of the project by the commissioner;

(4) completing and filing final drawings and specifications, including cost estimates within 150 days after issuance of favorable review of design development drawings and revised project cost estimates;

(5) securing approval of final drawings, specifications and cost estimates prior to contracting for construction;

(6) after issuance of the approval of final drawings, specifications and cost estimates:

(i) initiating construction within 120 days;

(ii) proceeding therewith at a reasonable rate; and

(iii) completing and equipping the project within the completion time specified;

(7) securing approval of any change relating to the project, the project costs, the terms of any permanent financing arrangement or any major item or items of equipment during construction;

(8) applying for a certificate of approval within 30 days after issuance of approval of the completed project when applicable; and

(9) maintaining the assurances given pursuant to section 791.3(a)(2) of this Part.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 791.6