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This entry was published on 2014-09-22
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Regulatory powers of the commissioner
Mental Hygiene (MHY) CHAPTER 27, TITLE E, ARTICLE 32
§ 32.07 Regulatory powers of the commissioner.

(a) The commissioner shall have the power to adopt regulations to
effectuate the provisions and purposes of this article, including, but
not limited to, the following:

1. establishing classes of operating certificates based upon such
factors as physical plant, program, and staff;

2. specifying a definite period for which the operating certificate
will be in effect;

3. prescribing standards of quality and adequacy of chemical
dependence services rendered pursuant to an operating certificate
including but not limited to, qualifications for persons providing such
services including moral character, competence and standing in the
community, record-keeping requirements, reporting requirements, fiscal
responsibility, public need, adequacy and quality of services, and such
other matters of public interest as the office shall deem appropriate;

4. providing for ongoing compliance by providers of chemical
dependence services with office rules and regulations, including
procedures for the limitation or revocation of any previously granted

(b) Nothing herein shall affect the powers and duties of other state
agencies to carry out their responsibilities and functions pursuant to
the requirements of applicable laws.