§ 31.22 Approval of certain certificates of incorporation or articles of\n organization; granting of operating certificates.\n (a) No certificate of incorporation of a business or not-for-profit\ncorporation, or articles of organization of a limited liability company,\nshall hereafter be filed which includes among its corporate purposes or\npowers the establishment or operation of a facility for which an\noperating certificate is required by this article from the commissioner\nof the office of mental health or the solicitation of contributions for\nany such purpose, except with the written approval of the commissioner\nand, when otherwise required by law, the approval of a justice of the\nsupreme court endorsed on or annexed to the certificate of\nincorporation.\n (b) An application for approval of the proposed certificate of\nincorporation or articles of organization shall be filed with the\ncommissioner together with such other forms and information as shall be\nprescribed by, or acceptable to, the commissioner.\n The commissioner shall not approve a certificate of incorporation or\narticles of organization or grant an operating certificate unless he is\nsatisfied, insofar as applicable, as to (1) the public need for the\nservices or the facility which the proposed corporation or proposed\nprovider of services is empowered to perform or maintain at the time and\nplace and under the circumstances proposed; (2) the character,\ncompetence and standing in the community of the proposed incorporators,\ndirectors, sponsors, stockholders, members, managers, partners, or\noperators, provided that in making such determination the commissioner\nis authorized to consider whether or not, within ten years of the date\nof the application, any such persons have been denied renewal for cause\nof an operating certificate, or have had an operating certificate\nrevoked or suspended for cause, and such denial, revocation or\nsuspension was not reversed after an administrative hearing or other\nappeal, for a program or facility licensed or operated by a health,\nmental hygiene, social services or education agency or department of\nthis or any state or have failed to operate a program serving the\nmentally disabled, other disabled persons as defined in subdivision\ntwenty-one of section two hundred ninety-two of the executive law, the\naged, children or other persons receiving health, mental hygiene,\nresidential, social or educational services in continuous compliance\nwith applicable laws or regulations within the previous ten years in any\nstate; (3) the financial resources of the proposed corporation or\nproposed provider of services and its sources of future revenues; (4)\nthe availability of facilities or services which may serve as alternates\nor substitutes for the facility or services which the proposed\ncorporation or proposed provider of services is empowered to maintain or\nrender; (5) such other matters as he shall deem pertinent in the public\ninterest. The commissioner in approving the proposed certificate of\nincorporation or articles of organization or issuing the proposed\noperating certificate may request and consider information and advice\nfrom all available sources including local and regional mental health\nand health planning agencies and groups as to the matters set forth\nherein. If the commissioner proposes to disapprove the application he\nshall afford the applicant an opportunity to request a public hearing.\nThe commissioner shall not take any action contrary to the advice of the\nhealth systems agency for facilities other than community residences or\nresidential care centers for adults until he affords an opportunity to\nthe agency to request a public hearing and, if so requested, a public\nhearing shall be held. The commissioner, on his own motion, may hold a\npublic hearing on the application. Any public hearings held pursuant to\nthis subdivision may be conducted by the commissioner or by an\nindividu
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