N.Y. Comp. Codes R. & Regs. tit. 9, § 7320.5 – Formulating maximum facility capacity.

(a) Consistent with the requirements of this Part, the commission shall formulate a maximum facility capacity in writing for the facility.
(b) In formulating the proposed maximum facility capacity of a facility, the commission, in consultation with OCFS, shall determine the maximum number of youth that can be housed in all individual occupancy rooms pursuant to the requirements of this Part. Such determination shall be based on the following:
1. (1) the number of properly equipped individual occupancy rooms; and
2. (2) the facility's ability to provide required programs and services and to comply with other provisions of this Part which are related to facility capacity.
(c) Upon completion of such review, the commission shall issue the director the certified maximum facility capacity analysis for such facility.
(d) Within 60 days after receipt of the certified maximum facility capacity, the director may appeal to the commission for a revision to the certified maximum facility capacity. In the event of such appeal, the maximum facility capacity analysis issued pursuant to subdivision (c) of this section shall remain in effect until the commission’s determination of the appeal.
(e) Any such appeal shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.
(f) The commission shall respond to such appeal within 60 days after receipt and shall, in consultation with OCFS, sustain or amend the original certified maximum facility capacity.
(g) The commission's determination shall be made in writing, stating the specific facts and reasons underlying such decision. A copy of such determination shall be forwarded to the director.