14 CRR-NY 343.14NY-CRR
14 CRR-NY 343.14
14 CRR-NY 343.14
343.14 Certification registry and renewal.
(a) Registry.
The division shall maintain a current registry of all certified providers of alcohol awareness programs for youth.
(b) Certification renewals.
Certification renewal shall be required every two years and in accordance with the following procedure:
(1) At least 120 days prior to the expiration, the division shall notify the certified provider of such expiration date of such notice shall include an application for the certification renewal.
(2) At least 60 days prior to the expiration date of the certification, the completed certification renewal form shall be submitted as directed to the division.
(c) Review of renewal applications.
(1) The renewal application shall be reviewed by the division within 30 days of receipt. All information submitted in the application shall be subject to verification and approval by the division.
(2) After review of the renewal application, the division shall renew certification, place a certified provider on probationary status, or deny renewal in accordance with this section.
(d) Grant of renewal.
If the division determines that certification should be renewed, the certified provider shall be notified in writing by regular mail.
(f) Denial of renewal.
(1) Renewal may be denied if it is determined that:
(i) user fees have been lost, misapplied, diverted or expended for purposes other than those for which they were paid;
(ii) the certified provider receives a direct or indirect benefit from making or directing that a referral be made to any particular resource;
(iii) the certified provider knows that a program staff member has received or is receiving an inappropriate direct or indirect benefit from making or directing that a referral be made to any particular resource and the certified provider does not correct the problem;
(iv) confidentiality measures pursuant to section 343.13 of this Part have not been established or followed;
(v) a plan to correct deficiencies has not been satisfactorily implemented;
(2) If a program has been denied renewal, it shall be notified by registered mail, return receipt requested. Such notification shall state that certification shall be invalid on the date of expiration.
(f) Conferral of probationary status.
(1) The division may place a certified provider on probationary status upon determination of any of the following:
(i) a program is not being implemented as outlined in its application or as otherwise approved by the division;
(ii) a program does not comply with relevant state statutes or regulations;
(iii) reports have not been submitted in a timely fashion;
(iv) payment of administrative fees in accordance with section 343.11 of this Part has not been made to the division in a timely fashion;
(v) unapproved and/or unqualified instructors are being used for the program;
(vi) the local community services board has withdrawn its approval;
(vii) the program is not working in cooperation with local courts; and/or
(viii) the division has been denied access to the program for on site inspections.
(2) If a certified provider is placed on probationary status, it shall be notified by certified mail, return receipt requested. Such notification shall state that such provider shall submit a plan of correction within 30 days of receipt of the notification and in accordance with division instructions.
(3) After receipt of the required plan of correction from the certified provider, the division shall conduct a follow-up on-site inspection of such provider, or shall take other appropriate measures to review plan compliance.
(i) If the division determines that the plan of correction has been satisfactorily implemented and deficiencies no longer exist, certification shall be renewed.
(ii) If the division determines that the plan of correction has not been satisfactorily implemented and/or deficiencies persist, certification renewal shall be denied.
(d) Failure to apply for renewal.
If a certified provider fails to apply for certification renewal within the 60 days prior to the expiration date of certification, such provider shall be sent a written notice by the division stating that certification will be invalid on the date of expiration.
14 CRR-NY 343.14
Current through May 31, 2021
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