§ 32.31 Establishment or incorporation of facilities for chemical\n dependence services.\n (a) No provider of services or facility providing chemical dependence\nservices shall be established except with the written approval of the\ncommissioner. No certificate of incorporation of a business, membership\nor not-for-profit corporation or articles of organization of a limited\nliability company shall hereafter be filed which includes among its\ncorporate purposes or powers the establishment or operation of a\nfacility providing chemical dependence services or the solicitation of\ncontributions for any such purpose, or two or more of such purposes,\nexcept with the written approval of the commissioner and, when otherwise\nrequired by law, the approval of a justice of the supreme court endorsed\non or annexed to the certificate of incorporation. Notwithstanding any\nother provision of law, the commissioner shall not require a corporation\nto amend its certificate of incorporation or a limited liability company\nto amend its articles of organization which includes among the purposes\nof the corporation or limited liability company the establishment or\noperation of a substance abuse program or alcoholism facility. Any such\ncorporate or limited liability company purposes, powers, or provisions\npreviously approved by the office shall be deemed consent by the office\nfor such corporation or limited liability company to provide chemical\ndependence services. Nothing herein obviates the need for such\ncorporation or limited liability company to possess a valid operating\ncertificate.\n (b) With respect to the incorporation or establishment of a provider\nor facility providing chemical dependence services, the commissioner\nshall give written approval after all of the following requirements have\nbeen met:\n 1. 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, him or her. Thereafter, the\ncommissioner shall forward a copy of the proposed certificate or\narticles or organization and application for establishment and\naccompanying documents, to the local governmental unit of the area in\nwhich such facility is to be located. The commissioner shall not act\nupon such application until the local governmental unit has had a\nreasonable time to submit their recommendations.\n 2. Upon receipt of the recommendations of the local governmental unit,\nor the lapse of a reasonable time for comment, the commissioner shall\nsubmit the application along with the recommendations of the local\ngovernmental unit to the advisory council on alcoholism and substance\nabuse services for its review and recommendation. The commissioner shall\nnot act upon an application for establishment of a facility without\nhaving first given such advisory council a reasonable opportunity to\nmake its recommendation on the application.\n 3. The commissioner shall not take any action contrary to the\nrecommendation of the council unless he or she first appears before the\ncouncil and explains his or her reasons therefor. The commissioner shall\nnot take any action contrary to the advice of the local governmental\nunit until he or she affords, to such entity, an opportunity to request\na public hearing and if so requested, a public hearing shall be held in\naccordance with subdivision (e) of section 32.29 of this article. If the\ncommissioner proposes to disapprove the application he or she shall\nafford the applicant an opportunity to request a public hearing in\naccordance with subdivision (e) of section 32.29 of this article. The\ncommissioner may hold such a public hearing on the application on his or\nher own motion. Any public hearing held pursuant to this subdivision may\nbe conducted by the commissioner or by any individual designated by the\ncommissioner.\n (c) The commi
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