N.Y. Social Services Law § 431: Licensure

§ 431. Licensure. 1. No place, person, association, corporation,

institution or agency shall operate a day services program without first

obtaining a permit issued therefor by the department, or otherwise than

in accordance with the terms of such permit and with the regulations of

the department.

2. The department shall promulgate regulations specifying the

procedures for obtaining a permit required pursuant to this section and

enumerating the documentation needed for such a permit. The regulations

shall also include program standards which the department shall develop

with the advice of the board of social welfare, the department of mental

hygiene and the department of education. An application for a permit

pursuant to this section shall include full information regarding the

applicant's efforts to secure funding for its day services program. The

department shall advise and otherwise assist the applicant in obtaining

funds where such funds may be available under the provisions of this and

any other law.

3. The department shall not issue a permit for the operation of a day

services program which includes the provision of care, treatment or

services requiring licensure or any other form of approval from or by

another state agency or official, unless such license or approval has

been obtained. There shall be such cooperative and coordinated

arrangements between and among the department and the state departments

of mental hygiene and education and other appropriate state departments

and agencies as shall be necessary to assure that applications for

required licenses or other forms of approval will be processed

expeditiously.

4. Before any permit issued pursuant to this section is suspended or

revoked, or when an application for such permit is denied, the applicant

or holder of the permit shall be entitled, pursuant to the regulations

of the department, to a hearing before the department. However, a

permit may be temporarily suspended or limited without a hearing for a

period not in excess of thirty days upon written notice to the holder of

the permit following a finding that the public health, or any

individual's health, safety or welfare, is in imminent danger.