§ 16.05 Issuance of operating certificates.\n (a)(1) Application for an operating certificate shall be made upon\nforms prescribed by the commissioner.\n (2) Application shall be made by the person or entity responsible for\noperation of the facility or provider of services as described in\nsubdivision four of section 16.03 of this article. Applications shall be\nin writing, shall be verified and shall contain such information as\nrequired by the commissioner.\n (b) Notice of an application for an operating certificate shall be\nforwarded by the office to the appropriate local governmental unit in\nthe area to be served and the local health planning agency.\n (c) No operating certificate shall be issued by the commissioner\nunless the commissioner is satisfied as to:\n (1) The public need for the facility or services to be established\nupon issuance of the operating certificate;\n (2) The character, competence and standing in the community of the\nperson or entity responsible for operating the facility or providing\nservices;\n (3) The financial resources of the proposed facility or provider of\nservices and its sources of future revenues;\n (4) The adequacy of the premises, equipment, personnel and program to\nprovide the services which would be authorized by the operating\ncertificate;\n (5) The commissioner may deny an operating certificate to any operator\nwho, within ten years of the date of application, has been denied\nrenewal for cause of an operating certificate, or who has had an\noperating certificate revoked or suspended for cause, and such denial,\nrevocation or suspension was not reversed after an administrative\nhearing or other appeal, for a program or facility licensed or operated\nby a health, mental hygiene, social services or education agency or\ndepartment of this or any state or who has failed to operate a program\nserving the mentally disabled, other disabled persons as defined in\nsubdivision twenty-one of section two hundred ninety-two of the\nexecutive law, the aged, children or other persons receiving health,\nmental hygiene, residential, social or educational services in\ncontinuous compliance with applicable laws or regulations within the\nprevious ten years in any state;\n (6) In the case of residential facilities, that arrangements have been\nmade with other providers of services for the provision of health,\nhabilitation, day treatment, education, sheltered workshop,\ntransportation or other services as may be necessary to meet the needs\nof individuals who will reside in the facility; and\n (6-a) In the case of a provider of services seeking to provide nursing\ntasks by non-licensed persons authorized to provide such tasks pursuant\nto subparagraph (v) of paragraph a of subdivision one of section\nsixty-nine hundred eight of the education law, that such provider will\nprovide services and perform tasks in a safe and competent manner and\nwill fully comply with the requirements of such subparagraph and any\nmemorandum of understanding between the office and the state education\ndepartment pursuant to such subparagraph. Any operating certificate\nsubject to this paragraph shall specify that the provider of services is\nauthorized to provide these nursing services.\n (7) Such other matters as the commissioner shall deem pertinent in the\npublic interest.\n (d) No operating certificate shall be renewed by the commissioner\nunless the commissioner is satisfied as to:\n (1) the financial resources of the proposed facility or provider of\nservices and its sources of future revenues;\n (2) the adequacy of the premises, equipment, personnel and program to\nprovide the services which would be authorized by the operating\ncertificate;\n (3) the ability of the operator to provide the services required by\nthe operating certificate as demonstrated by the operator's compliance\nwith applicable laws and regulations within the previous ten years;\n (4) in the case of residential facilities, th
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