N.Y. Comp. Codes R. & Regs. tit. 9, § 7442.7 – Formulating maximum facility capacity.

(a) Consistent with the requirements of this Part, OCFS shall formulate a proposed maximum facility capacity in writing for each secure facility in a form and manner prescribed by the commission.
(b) Such proposed capacity shall be approved in writing by the commissioner of OCFS or designee.
(c) In formulating the proposed maximum facility capacity of a facility, OCFS shall determine the maximum number of residents that can be housed in all individual occupancy units pursuant to the requirements of this Part. Such determination shall be based on the following:
1. (1) the number of properly equipped individual occupancy units, including the number of special management units; 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.
(d) Upon receipt of a proposed maximum facility capacity from OCFS, the commission shall review such proposed capacity and approve, modify, or reject such proposal.
(e) Upon completion of such review, the commission shall issue the commissioner of OCFS the certified maximum facility capacity analysis for such facility.
(f) Within 60 days after receipt of the certified maximum facility capacity, OCFS may, if the commission has modified or rejected the proposal, appeal to the commission for a revision to the certified maximum facility capacity.
(g) Any such appeal shall be made in writing and include the specific facts, reasons and special circumstances underlying the request.
(h) The commission shall respond to such appeal within 60 days after receipt and shall sustain or amend the original certified maximum facility capacity.
(i) 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 commissioner of OCFS.