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This entry was published on 2014-09-22
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SECTION 329
Certification of compliance with board standards
County (CNT) CHAPTER 11, ARTICLE 6-A
§ 329. Certification of compliance with board standards. 1. Local
public safety answering points. (a) Each operator of a local public
safety answering point shall affirmatively certify biennially that such
local public safety answering point complies with the standards
promulgated by the board pursuant to subdivision four of section three
hundred twenty-eight of this article; provided, however, that the
operator of a local public safety answering point operated within or by
a county with a population of more than one million or a local public
safety answering point servicing a city with a population in excess of
one hundred thousand according to the federal decennial census of two
thousand which received wireless 911 calls on or before the effective
date of this article must only affirmatively certify that such local
public safety answering point complies with the standards promulgated
pursuant to paragraph (a) of subdivision four of section three hundred
twenty-eight of this article. Such certification, together with a list
of all service suppliers and wireless telephone service suppliers which
provide 911 service to such local public safety answering point and,
where questions of jurisdiction may arise and the local public safety
answering point is subject to paragraph (b) of subdivision four of
section three hundred twenty-eight of this article, a statement of the
jurisdictional protocols utilized by public safety agencies within the
911 service area for the provision of emergency services, shall be
transmitted to the chairperson of the board.

(b) If the board determines that a local public safety answering point
is not in compliance with the applicable standards promulgated by the
board pursuant to subdivision four of section three hundred twenty-eight
of this article, the board shall notify the operator of the local public
safety answering point and the chief executive officer of the local
governing body which operates the local public safety answering point in
writing of such failure to comply and the reasons therefor and shall
specify any measures which shall be undertaken to secure compliance.
Within one hundred twenty days of such notification the operator of the
local public safety answering point shall submit a plan of correction to
the board and to the chief executive officer of the local governing body
which operates the local public safety answering point. If the board
determines that the plan of correction is not satisfactory, the board
shall advise the operator of the local public safety answering point and
the chief executive officer of the manner in which the plan of
correction is not satisfactory and shall specify the measures necessary
to obtain compliance and the operator of the local public safety
answering point shall submit a revised plan of correction within thirty
days. Following the board's approval of a plan of correction, the board
shall monitor the local public safety answering point for compliance
with the plan of correction. Upon a written finding by the board that a
local public safety answering point has failed to substantially adhere
to its plan of correction, or upon the failure of a local public safety
answering point to submit a plan of correction acceptable to the board,
such local public safety answering point shall not be eligible to
receive reimbursement of eligible wireless 911 service costs pursuant to
section three hundred thirty-one of this article, until such time as the
board finds the local public service answering point to be in
compliance.

2. State public safety answering points. (a) The superintendent of the
division of state police shall affirmatively certify biennially that all
state public safety answering points are in compliance with the
standards promulgated by the board pursuant to paragraph (a) of
subdivision four of section three hundred twenty-eight of this article.
Such certification, together with a list of all wireless telephone
service suppliers licensed by the federal communications commission that
own, operate or control wireless telecommunications facilities located
in the geographical area or areas in which the state public safety
answering points receive 911 calls, a list of all service suppliers
within such geographical area or areas and, where questions of
jurisdiction may arise, a statement of jurisdictional protocols utilized
by public safety agencies within such geographical areas for the
provision of emergency services, shall be transmitted to the chairperson
of the board.

(b) If the board determines that a state public safety answering point
is not in compliance with the applicable standards promulgated by the
board pursuant to paragraph (a) of subdivision four of section three
hundred twenty-eight of this article, the board shall notify the
superintendent of the division of state police in writing of such state
public safety answering point's failure to comply and the reasons
therefor and shall specify any measures which shall be undertaken to
secure compliance. Within one hundred twenty days of such notification
the superintendent of the division of state police shall submit a plan
of correction to the board. If the board determines that the plan of
correction is not satisfactory, the board shall advise the
superintendent of the division of state police and the state public
safety answering point of the manner in which the plan of correction is
not satisfactory and shall specify the measures necessary to obtain
compliance and the superintendent of the division of state police shall
submit a revised plan of correction within thirty days. Following the
board's approval of a plan of correction, the board shall monitor the
state public safety answering point for compliance with the plan of
correction. Upon a written finding by the board that a state public
safety answering point has failed to substantially adhere to its plan of
correction, or upon the failure of a state public safety answering point
to submit a plan of correction acceptable to the board, the board shall
notify the chief executive officer of each local government served by
such state public safety answering point that the state public safety
answering point is not in compliance with applicable standards.