§ 32.20 Temporary operator. 1. For the purposes of this section:\n (a) "chemical dependence treatment program" shall mean a program\ncertified pursuant to section 32.05 of this article;\n (b) "established operator" shall mean the operator of a chemical\ndependence treatment program that has been established and issued an\noperating certificate pursuant to section 32.05 of this article;\n (c) "temporary operator" shall mean any OASAS staff member, person or\nentity that:\n (i) agrees to operate a program on a temporary basis in the best\ninterests of its patients and the community served by the program;\n (ii) has demonstrated that he or she has the character, competence and\nability to operate an OASAS-certified program in compliance with\napplicable standards; and\n (iii) prior to his or her appointment as temporary operator, develops\nwith guidance from the commissioner a satisfactory plan to address the\nprogram's deficiencies;\n (d) "serious financial instability" shall include but not be limited\nto defaulting or violating key covenants of bond issues, missed mortgage\npayments, general untimely payment of debts, failure to pay its\nemployees or vendors, insufficient funds to meet the general operating\nexpenses of the program and/or facility, failure to maintain required\ndebt service coverage ratios and/or, as applicable, factors that have\ntriggered a written event of default notice to the office by the\ndormitory authority of the state of New York; and\n (e) "extraordinary financial assistance" shall mean state funds\nprovided to, or requested by, a program for the express purpose of\npreventing the closure of the program that the commissioner finds\nprovides essential and necessary services within the community.\n 2. (a) In the event that: (i) the program is seeking extraordinary\nfinancial assistance; (ii) office collected data indicates that the\nprogram is experiencing serious financial instability issues; (iii)\noffice collected data indicates that the program's board of directors or\nadministration are unable or unwilling to ensure the proper operation of\nthe program; or (iv) office collected data indicates there are\nconditions that seriously endanger or jeopardize continued access to\nnecessary chemical dependence treatment services within the community,\nthe commissioner shall notify the established operator of his or her\nintention to appoint a temporary operator to assume sole responsibility\nfor the program's treatment operations of that facility for a limited\nperiod of time. The appointment of a temporary operator shall be\neffectuated pursuant to this section, and shall be in addition to any\nother remedies provided by law.\n (b) The established operator of a program may at any time request the\ncommissioner to appoint a temporary operator. Upon receiving such a\nrequest, the commissioner may, if he or she determines that such an\naction is necessary, enter into an agreement with the established\noperator for the appointment of a temporary operator to restore or\nmaintain the provision of quality care to the patients until the\nestablished operator can resume operations within the designated time\nperiod; the patients may be transferred to other OASAS-certified\nproviders; or the program operations of that facility should be\ncompletely discontinued.\n 3. (a) A temporary operator appointed pursuant to this section shall\nuse his or her best efforts to implement the plan developed with the\nguidance of the commissioner to correct or eliminate any deficiencies in\nthe program and to promote the quality and accessibility of chemical\ndependence treatment services in the community served by the program.\n (b) If the identified program deficiencies cannot be addressed in the\ntime period designated in the plan, the patients shall be transferred to\nother OASAS-certified providers.\n (c) During the term of his or her appointment, the temporary operator\nshall have the authority to direct the pro
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