New York Register, Volume 37, Issue 44, November 4, 2015
| Jurisdiction | New York |
| Library | New York Register |
| Published date | 04 November 2015 |
| Year | 2015 |
RULE MAKING
ACTIVITIES
Each rule making is identified by an I.D. No., which consists
of 13 characters. For example, the I.D. No.
AAM-01-96-00001-E indicates the following:
AAM -the abbreviation to identify the adopting agency
01 -the State Register issue number
96 -the year
00001 -the Department of State number, assigned upon
receipt of notice.
E -Emergency Rule Making—permanent action
not intended (This character could also be: A
for Adoption; P for Proposed Rule Making; RP
for Revised Rule Making; EP for a combined
Emergency and Proposed Rule Making; EA for
an Emergency Rule Making that is permanent
and does not expire 90 days after filing.)
Italics contained in text denote new material. Brackets
indicate material to be deleted.
Office of Children and Family
Services
NOTICE OF ADOPTION
Limited Secure Regulations
I.D. No. CFS-35-15-00007-A
Filing No. 907
Filing Date: 2015-10-20
Effective Date: 2015-11-04
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following action:
Action taken: Addition of Part 450 to Title 18 NYCRR.
Statutory authority: Social Services Law, sections 20, 34 and 404
Subject: Limited secure regulations.
Purpose: To establish regulations for residential facilities providing
limited secure care within a social services district.
Text or summary was published in the September 2, 2015 issue of the
Register, I.D. No. CFS-35-15-00007-P.
Final rule as compared with last published rule: No changes.
Text of rule and any required statements and analyses may be obtained
from: Public Information Office, New York State Office of Children and
Family Services, 52 Washington Street, Rensselaer, New York 12144,
(518) 473-7793, email: info@ocfs.ny.gov
Initial Review of Rule
As a rule that requires a RFA, RAFA or JIS, this rule will be initially
reviewed in the calendar year 2018, which is no later than the 3rd year af-
ter the year in which this rule is being adopted.
Assessment of Public Comment
Two comments were received on the proposed regulations. One com-
ment was from a social services district and the other from a member of
the public.
One commenter objected to the requirement in proposed 18 NYCRR
450.6(d)(1)(v) that each limited secure facility have closed circuit video
coverage of the control center. The objection is based on a concern over
increased cost and a claimed lack of need for such coverage. The Office of
Children and Family Services (OCFS) has considered the comment and
determined that no change will be made to the proposed regulation. We
believe the added cost will be minimal, and that the coverage is necessary
for security purposes. As this is not a statutory requirement, a waiver of
the requirement could be available if particular facilities can show that
compliance would present an undue hardship.
The same commenter objected to the requirement in proposed 18
NYCRR 450.6(d)(3)(i) that video records of an incident that involves an
injury to youth be retained for a period of three years beyond the 18th
birthday of the youth who was injured. The objection is based on the cost
of maintaining the records for that period of time and a claimed lack of
need. OCFS has considered the comment and determined that no change
will be made to the proposed regulation. We believe that the records should
be maintained to the end of the applicable statute of limitations for tort
claims, as this would be important and relevant evidence in the event that
the injured youth were to bring litigation against the agency operating the
facility and/or any involved government agencies. As this is not a statu-
tory requirement, a waiver of the requirement could be available if partic-
ular facilities can show that compliance would present an undue hardship.
The other commenter advocated for a change to the regulations in
proposed 18 NYCRR 450.5 to require that each limited secure facility be
required to have an auditorium or performance space. OCFS has consid-
ered the comment and determined that no change will be made to the
proposed regulation. Some of the limited secure facilities will be for small
numbers of residents (12 or less), and a requirement for an auditorium
would be unrealistic and unduly costly for such programs.
Department of Civil Service
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-44-15-00004-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify a position in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
under the subheading “Office for the Aging,” by increasing the number of
positions of Special Assistant from 1 to 2.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
1
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: ilene.lees@cs.ny.gov
Public comment will be received until: 45 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-15-
00005-P, Issue of January 7, 2015.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-44-15-00005-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 2 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the non-competitive class.
Text of proposed rule: Amend Appendix 2 of the Rules for the Classified
Service, listing positions in the non-competitive class, in the State Depart-
ment Service under the subheading “All State Departments and Agen-
cies,” by adding thereto the positions of Addictions Counselor Assistant
(Spanish Language).
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: ilene.lees@cs.ny.gov
Public comment will be received until: 45 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-15-
00005-P, Issue of January 7, 2015.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-44-15-00006-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Executive Department
under the subheading “Justice Center for the Protection of People with
Special Needs,” by increasing the number of positions of Assistant
Counsel from 23 to 28.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: ilene.lees@cs.ny.gov
Public comment will be received until: 45 days after publication of this
notice.
Regulatory Impact Statement
A regulatory impact statement is not submitted with this notice because
this rule is subject to a consolidated regulatory impact statement that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Regulatory Flexibility Analysis
A regulatory flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated regulatory flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Rural Area Flexibility Analysis
A rural area flexibility analysis is not submitted with this notice because
this rule is subject to a consolidated rural area flexibility analysis that was
previously printed under a notice of proposed rule making, I.D. No. CVS-
01-15-00005-P, Issue of January 7, 2015.
Job Impact Statement
A job impact statement is not submitted with this notice because this rule
is subject to a consolidated job impact statement that was previously
printed under a notice of proposed rule making, I.D. No. CVS-01-15-
00005-P, Issue of January 7, 2015.
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
Jurisdictional Classification
I.D. No. CVS-44-15-00007-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Pro-
cedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action: Amendment of Appendix 1 of Title 4 NYCRR.
Statutory authority: Civil Service Law, section 6(1)
Subject: Jurisdictional Classification.
Purpose: To classify positions in the exempt class.
Text of proposed rule: Amend Appendix 1 of the Rules for the Classified
Service, listing positions in the exempt class, in the Department of
Transportation, by increasing the number of positions of Assistant Com-
missioner from 6 to 9.
Text of proposed rule and any required statements and analyses may be
obtained from: Jennifer Paul, NYS Department of Civil Service, Empire
State Plaza, Agency Building 1, Albany, NY 12239, (518) 473-6598,
email: jennifer.paul@cs.ny.gov
Data, views or arguments may be submitted to: Ilene Lees, Counsel, NYS
Department of Civil Service, Empire State Plaza, Agency Building 1,
Albany, NY 12239, (518) 473-2624, email: ilene.lees@cs.ny.gov
NYS Register/November 4, 2015Rule Making Activities
2
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