N.Y. EDN Law § 6954 — New York Code / Act EDN / Title 8 / Article 140 / Section 6954
State board of midwifery
Status: in_force

§ 6954. State board of midwifery.  1. The state board of midwifery\nshall be appointed by the board of regents on recommendation of the\ncommissioner for the purpose of assisting the board of regents on\nmatters of professional licensing and professional conduct in accordance\nwith section sixty-five hundred eight of this title. The board shall be\ncomposed of thirteen individuals. Initial appointments to the board\nshall be such that the terms shall be staggered. However, no members\nshall serve more than two terms.\n  2. (a) (1) Seven members of the board shall be persons licensed or\nexempt under this section.\n  (2) One member of the board shall be an educator of midwifery.\n  (b) Two members of the board shall be individuals who are licensed\nphysicians who are also certified as obstetrician/gynecologists by a\nnational certifying body.\n  (c) One member of the board shall be an individual licensed as a\nphysician who practices family medicine including obstetrics.\n  (d) One member of the board shall be an individual licensed as a\nphysician who practices pediatrics.\n  (e) One member of the board shall be an individual not possessing\neither licensure or training in medicine, midwifery, pharmacology or\nnursing and shall represent the public at large.\n  3. For purposes of this article, "board" means the state board of\nmidwifery created under this section unless the context clearly\nindicates otherwise.\n
N.Y. PBA Law § 1193 — New York Code / Act PBA / Article 5 / Title 8 / Section 1193
Obligations of contracts not impaired
Status: in_force

§ 1193. Obligations of contracts not impaired. From and after the\nfiling with the common council of the city and the secretary of state of\nthe state of New York of the certificate of completion of the project,\nas provided in section fourteen hundred four of this chapter, all\ncontracts of the city in respect of the existing sewer system or any\npart thereof shall be binding upon the authority with the same force and\neffect as though such contracts had been expressly assumed by the\nauthority and such contracts shall inure to the benefit of the authority\nwith the same force and effect as though such contracts had been\nexpressly assigned to the authority. Moneys to provide for the payment\nof notes, bonds or other obligations issued by the city in relation to\nthe existing sewer system or any part thereof, shall be raised,\ncollected and paid by the city as though this law had not been enacted,\nand the authority shall not be liable thereon.\n
N.Y. LFN Law § 105.00 — New York Code / Act LFN / Article 2 / Title 8 / Section 105.00
Exclusion of indebtedness for certain assessable improvements; Buffalo, Rochester and Syracuse
Status: in_force

§ 105.00 Exclusion of indebtedness for certain assessable\nimprovements; Buffalo, Rochester and Syracuse.  In ascertaining the\npower of the cities of Buffalo, Rochester and Syracuse to contract\nindebtedness, there may be excluded the outstanding indebtedness\ncontracted by each of such cities for so much of the cost and expense of\nany public improvement as may be required by the ordinance or local law\nassessing the same to be raised by assessment upon local property or\nterritory, to the extent that such outstanding indebtedness together\nwith other indebtedness initially contracted therefor from time to time\nafter January first, nineteen hundred twenty-eight and since retired,\naggregates, in the case of the cities of Buffalo and Rochester, a sum\nnot exceeding ten million dollars, and in the case of the city of\nSyracuse, a sum not exceeding five million dollars. Any indebtedness\nthereafter contracted for such purposes in excess of such sums shall not\nbe so excluded. Nothing in this section shall be construed to prevent\nthe exclusion of any refunded indebtedness if the indebtedness refunded\ncould have been excluded pursuant to this section.\n
N.Y. EDN Law § 8702 — New York Code / Act EDN / Title 8 / Article 166 / Section 8702
Definition of "practice of medical physics"
Status: in_force

§ 8702. Definition of "practice of medical physics". 1. The "practice\nof the profession of medical physics" shall mean the use and application\nof accepted principles and protocols of physics in a clinical setting to\nassure the correct quality, quantity and placement of radiation during\nthe performance of a radiological procedure, so as to protect the\npatient and other persons from harmful, excessive or misapplied\nradiation. Such practice shall include, but not necessarily be limited\nto: radiation beam calibration and characterization; oversight and\nresponsibility for patient radiation dose measurement, calculation and\nreporting; oversight and responsibility for quality control; instrument\nspecification; optimization of image quality; acceptance testing;\nshielding design; protection analysis on radiation emitting equipment\nand radio-pharmaceuticals; and consultation with a physician to assure\naccurate radiation dosage and application to a specific patient.\n  2. A license to practice medical physics shall be issued with special\ncompetency in one or more specialty areas in which the licensee has\nsatisfied the requirements of section eighty-seven hundred five of this\narticle.\n  3. The practice in any specialty by a person whose license is not\nissued with special competency for such specialty shall be deemed the\nunauthorized practice of the profession of medical physics.\n  4. Only a person licensed under this article shall practice the\nprofession of medical physics.\n
N.Y. VAT Law § 1640-B — New York Code / Act VAT / Title 8 / Article 39 / Section 1640-B
Residential parking system in the Corn Hill section of the city of Rochester
Status: in_force

§ 1640-b. Residential parking system in the Corn Hill section of the\ncity of Rochester. 1. Notwithstanding the provisions of any law to the\ncontrary, the city council of the city of Rochester may, by adoption of\na local law or ordinance, provide for a residential parking permit\nsystem and fix and require the payment of fees applicable to parking\nwithin the area in which such parking system is in effect in accordance\nwith the provisions of this section.\n  2. Such residential parking permit system may only be established\nwithin the Corn Hill neighborhood of the city of Rochester which shall\nmean that area generally bounded by Ford Street, Exchange Boulevard and\nthe Inner Loop.\n  3. Notwithstanding the foregoing, no permit shall be required on\nstreets where the adjacent properties are zoned for commercial/retail\nuse.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem; and\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement; and\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect; and\n  (d) make not less than twenty percent of all spaces with in the permit\narea available to non-residents and shall provide for short-term parking\nof not less than ninety minutes in duration in such area; and\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe city.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n
N.Y. VAT Law § 1662-B — New York Code / Act VAT / Title 8 / Article 41 / Section 1662-B
Residential parking system in the town of Eastchester in the county of Westchester
Status: in_force

§ 1662-b. Residential parking system in the town of Eastchester in the\ncounty of Westchester. 1. Notwithstanding the provisions of any law to\nthe contrary, the town board of the town of Eastchester may, by adoption\nof a local law or ordinance, provide for a residential parking permit\nsystem and fix and require the payment of fees applicable to parking\nwithin the area in which such parking system is in effect in accordance\nwith the provisions of this section.\n  2. Such residential parking permit system may only be established: (a)\nwithin the area of the town consisting of the following roadways:\n  (i) Garth road;\n  (ii) Grayrock road;\n  (iii) Essex place;\n  (iv) Buckingham place and\n  (b) within the area generally bounded by the following:\n  (i) On the north side by the northerly corporate boundary between the\ntown of Eastchester and the village of Scarsdale, from Scarsdale Avenue\neast to White Plains Road Rt. 22;\n  (ii) On the east side by White Plains Rd. Rt. 22, from the corporate\nboundary of the Village of Scarsdale south to the intersection of Hall\nAvenue, excluding the following streets:\n  Gabriel Resigno drive;\n  Swift avenue;\n  Fairway drive;\n  Park drive (north of Clubway);\n  Hilldale place;\n  Burnham road;\n  (iii) On the south side by Hall avenue west to the corporate boundary\nbetween the town of Eastchester and the village of Tuckahoe;\n  (iv) On the south side northerly along the corporate boundary of the\nvillage of Tuckahoe until the intersection of Benedict avenue and\ncontinuing north along the Metro-North Commuter Railroad tracks until\nthe corporate boundary of the village of Scarsdale, at Scarsdale avenue.\n  3. Notwithstanding the foregoing, no permit shall be required on those\nportions of such streets where the adjacent properties are zoned for\ncommercial/retail use.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem;\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement;\n  (c) provide the times of the day and days of the week during which\npermit requirements shall be in effect;\n  (d) make not less than fifteen percent of the spaces within the permit\narea available to nonresidents, and shall provide short term parking of\nnot less than sixty minutes in duration in the permit area;\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe town of Eastchester unless otherwise specified in such local law.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  6. The provisions of this section shall not apply to any state highway\nmaintained by the state.\n
N.Y. PBA Law § 1199-XX — New York Code / Act PBA / Article 5 / Title 8-E / Section 1199-XX
Effect of inconsistent provisions
Status: in_force

§ 1199-xx. Effect of inconsistent provisions. Insofar as the\nprovisions of this title are inconsistent with the provisions of any\nother law, general, special or local, or of any charter or any local\nlaw, ordinance or resolution of the county or other municipality, the\nprovisions of this title shall be controlling, provided that nothing\ncontained in this section shall be held to supplement or otherwise\nexpand the powers or duties of the authority otherwise set forth in this\ntitle. Nothing contained in this title shall be held to alter or abridge\nthe powers and duties of the department of environmental conservation or\nthe department of health.\n
N.Y. EDN Law § 6902 — New York Code / Act EDN / Title 8 / Article 139 / Section 6902
Definition of practice of nursing
Status: in_force

§ 6902. Definition of practice of nursing. 1. The practice of the\nprofession of nursing as a registered professional nurse is defined as\ndiagnosing and treating human responses to actual or potential health\nproblems through such services as casefinding, health teaching, health\ncounseling, and provision of care supportive to or restorative of life\nand well-being, and executing medical regimens prescribed by a licensed\nphysician, dentist or other licensed health care provider legally\nauthorized under this title and in accordance with the commissioner's\nregulations. A nursing regimen shall be consistent with and shall not\nvary any existing medical regimen.\n  2. The practice of nursing as a licensed practical nurse is defined as\nperforming tasks and responsibilities within the framework of\ncasefinding, health teaching, health counseling, the application of\ntopical fluoride varnish, and provision of supportive and restorative\ncare under the direction of a registered professional nurse or licensed\nphysician, dentist or other licensed health care provider legally\nauthorized under this title and in accordance with the commissioner's\nregulations.\n  3. (a) (i) The practice of registered professional nursing by a nurse\npractitioner, certified under section six thousand nine hundred ten of\nthis article, may include the diagnosis of illness and physical\nconditions and the performance of therapeutic and corrective measures\nwithin a specialty area of practice, in collaboration with a licensed\nphysician qualified to collaborate in the specialty involved, provided\nsuch services are performed in accordance with a written practice\nagreement and written practice protocols except as permitted by\nparagraph (b) of this subdivision. The written practice agreement shall\ninclude explicit provisions for the resolution of any disagreement\nbetween the collaborating physician and the nurse practitioner regarding\na matter of diagnosis or treatment that is within the scope of practice\nof both. To the extent the practice agreement does not so provide, then\nthe collaborating physician's diagnosis or treatment shall prevail.\n  (ii) Prescriptions for drugs, devices and immunizing agents may be\nissued by a nurse practitioner, under this paragraph and section six\nthousand nine hundred ten of this article, in accordance with the\npractice agreement and practice protocols except as permitted by\nparagraph (b) of this subdivision. The nurse practitioner shall obtain a\ncertificate from the department upon successfully completing a program\nincluding an appropriate pharmacology component, or its equivalent, as\nestablished by the commissioner's regulations, prior to prescribing\nunder this paragraph. The certificate issued under section six thousand\nnine hundred ten of this article shall state whether the nurse\npractitioner has successfully completed such a program or equivalent and\nis authorized to prescribe under this paragraph.\n  (iii) Each practice agreement shall provide for patient records review\nby the collaborating physician in a timely fashion but in no event less\noften than every three months. The names of the nurse practitioner and\nthe collaborating physician shall be clearly posted in the practice\nsetting of the nurse practitioner.\n  * (iv) The practice protocol shall reflect current accepted medical\nand nursing practice and may be updated periodically. The commissioner\nshall make regulations establishing the procedure for the review of\nprotocols and the disposition of any issues arising from such review.\n  * NB Effective until July 1, 2030\n  * (iv) The practice protocol shall reflect current accepted medical\nand nursing practice. The protocols shall be filed with the department\nwithin ninety days of the commencement of the practice and may be\nupdated periodically. The commissioner shall make regulations\nestablishing the procedure for the review of protocols and the\ndisposition of any issues arising from such review.\n  * NB Effective July 1, 2030\n  (v) No physician shall enter into practice agreements with more than\nfour nurse practitioners who are not located on the same physical\npremises as the collaborating physician.\n  * (b) Notwithstanding subparagraph (i) of paragraph (a) of this\nsubdivision, a nurse practitioner, certified under section sixty-nine\nhundred ten of this article and practicing for more than three thousand\nsix hundred hours shall not be required to comply with the requirements\nof paragraph (a) of this subdivision relating to collaboration with a\nphysician, a written practice agreement and written practice protocols.\n  * NB Effective until July 1, 2030\n  * (b) Notwithstanding subparagraph (i) of paragraph (a) of this\nsubdivision, a nurse practitioner, certified under section sixty-nine\nhundred ten of this article and practicing for more than three thousand\nsix hundred hours may comply with this paragraph in lieu of complying\nwith the requirements of paragraph (a) of this subdivision relating to\ncollaboration with a physician, a written practice agreement and written\npractice protocols. A nurse practitioner complying with this paragraph\nshall have collaborative relationships with one or more licensed\nphysicians qualified to collaborate in the specialty involved or a\nhospital, licensed under article twenty-eight of the public health law,\nthat provides services through licensed physicians qualified to\ncollaborate in the specialty involved and having privileges at such\ninstitution. As evidence that the nurse practitioner maintains\ncollaborative relationships, the nurse practitioner shall complete and\nmaintain a form, created by the department, to which the nurse\npractitioner shall attest, that describes such collaborative\nrelationships. For purposes of this paragraph, "collaborative\nrelationships" shall mean that the nurse practitioner shall communicate,\nwhether in person, by telephone or through written (including\nelectronic) means, with a licensed physician qualified to collaborate in\nthe specialty involved or, in the case of a hospital, communicate with a\nlicensed physician qualified to collaborate in the specialty involved\nand having privileges at such hospital, for the purposes of exchanging\ninformation, as needed, in order to provide comprehensive patient care\nand to make referrals as necessary. Such form shall also reflect the\nnurse practitioner's acknowledgement that if reasonable efforts to\nresolve any dispute that may arise with the collaborating physician or,\nin the case of a collaboration with a hospital, with a licensed\nphysician qualified to collaborate in the specialty involved and having\nprivileges at such hospital, about a patient's care are not successful,\nthe recommendation of the physician shall prevail. Such form shall be\nupdated as needed and may be subject to review by the department. The\nnurse practitioner shall maintain documentation that supports such\ncollaborative relationships. Failure to comply with the requirements\nfound in this paragraph by a nurse practitioner who is not complying\nwith such provisions of paragraph (a) of this subdivision, shall be\nsubject to professional misconduct provisions as set forth in article\none hundred thirty of this title.\n  * NB Effective July 1, 2030\n  (c) Nothing in this subdivision shall be deemed to limit or diminish\nthe practice of the profession of nursing as a registered professional\nnurse under this article or any other law, rule, regulation or\ncertification, nor to deny any registered professional nurse the right\nto do any act or engage in any practice authorized by this article or\nany other law, rule, regulation or certification.\n  (d) The provisions of this subdivision shall not apply to any activity\nauthorized, pursuant to statute, rule or regulation, to be performed by\na registered professional nurse in a hospital as defined in article\ntwenty-eight of the public health law.\n
N.Y. PBA Law § 1570-D — New York Code / Act PBA / Article 7 / Title 8-A / Section 1570-D
Civil service status of officers and employees
Status: in_force

§ 1570-d. Civil service status of officers and employees. Officers and\nemployees of any board, commission or department of the village may be\ntransferred to the authority in accordance with the provisions of the\ncivil service law and shall be eligible for such transfer and\nappointment without examination to offices and positions under the\nauthority. Officers and employees of the village who are members or\nbeneficiaries of any existing pension or retirement system shall\ncontinue to have the rights, privileges, obligations and status with\nrespect to such system or systems as are prescribed by law, and all such\nemployees who have been appointed to positions in the service of the\nvillage under the rules of the municipal civil service commission or\npersonnel officer of the county shall have the same status with respect\nthereto after transfer to the authority as they had under their original\nappointments. The appointment and promotion of all employees of the\nauthority shall be made in accordance with the provisions of the civil\nservice law and the rules of the municipal civil service commission or\npersonnel officer of the county.\n
N.Y. PBA Law § 1199-QQ*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-QQ*2
Construction and purchase contracts
Status: in_force

* § 1199-qq. Construction and purchase contracts. The authority shall\nlet contracts for construction or purchase of supplies, materials, or\nequipment pursuant to section one hundred three of the general municipal\nlaw. Nothing in this section shall be construed to limit the power of\nthe authority to do any construction directly by the officers, agents\nand employees of the authority.\n  * NB There are 2 § 1199-qq's\n
N.Y. PBA Law § 1199-JJ*2 — New York Code / Act PBA / Article 5 / Title 8-E* / Section 1199-JJ*2
Remedies of bondholders
Status: in_force

* § 1199-jj. Remedies of bondholders. Subject to any resolution or\nresolutions adopted pursuant to paragraph (j) of subdivision four of\nsection eleven hundred ninety-nine-ii of this title:\n  1. In the event that the authority shall default in the payment of\nprincipal of or interest on any issue of bonds after the same shall\nbecome due, whether at maturity or upon call for redemption, and such\ndefault shall continue for a period of thirty days, or in the event that\nthe authority shall fail or refuse to comply with the provisions of this\ntitle or shall default in any agreement made with the holders of any\nissue of bonds, the holders of twenty-five percent in aggregate\nprincipal amount of the bonds of such issue then outstanding, by\ninstrument or instruments filed in the office of the clerk of the county\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurpose herein provided.\n  2. Such trustee may and, upon written request of the holders of\ntwenty-five percent in principal amount of such bonds outstanding, shall\nin his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders, including the right to\nrequire the authority to collect rates and charges adequate to carry out\nany agreement as to, or pledge of, such rates and charges and to require\nthe authority to carry out any other agreements with the holders of such\nbonds to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five\npercent of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders. The venue of\nany such action or proceeding shall be laid in the county.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days notice in writing to the authority.\n  6. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproperties the revenues of which are pledged for the security of the\nbonds of such issue, and, subject to any pledge or agreement with\nholders of such bonds, such receiver may enter and take possession of\nsuch part or parts of the properties and shall take possession of all\nmoneys and other property derived from such part or parts of such\nproperties and proceed with any construction thereon or the acquisition\nof any property, real or personal, in connection therewith which the\nauthority is under obligation to do, and to operate, maintain and\nreconstruct such part or parts of the properties and collect and receive\nall revenues thereafter arising therefrom subject to any pledge thereof\nor agreement with bondholders relating thereto and perform the public\nduties and carry out the agreements and obligations of the authority\nunder the direction of the court. In any suit, action or proceeding by\nthe trustee, the fees, counsel fees and expenses of the trustee and of\nthe receiver, if any, shall constitute taxable disbursements and all\ncosts and disbursements allowed by the court shall be a first charge on\nany revenue derived from the properties.\n  * NB There are 2 § 1199-jj's\n
N.Y. PBA Law § 1196-G — New York Code / Act PBA / Article 5 / Title 8-A / Section 1196-G
Remedies of bondholders
Status: in_force

§ 1196-g. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the applicable county and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds outstanding\nshall, in his, her or its own name:\n  (a) by action or proceeding in accordance with the civil practice law\nand rules, enforce all rights of the bondholders and require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring an action or proceeding upon such bonds;\n  (c) by action or proceeding, require the authority to account as if it\nwere the trustee of an express trust for the holders of such bonds;\n  (d) by action or proceeding, enjoin any acts or things which may be\nunlawful or in violation of the rights of the holders of such bonds; and\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good, then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, annul\nsuch declaration and its consequences.\n  3. Such trustee shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n  4. The supreme court shall have jurisdiction of any action or\nproceeding by the trustee on behalf of such bondholders.\n  5. Before declaring the principal of bonds due and payable, the\ntrustee shall first give thirty days' notice in writing to an authority.\n
N.Y. VAT Law § 1632 — New York Code / Act VAT / Title 8 / Article 38 / Section 1632
Application of article
Status: in_force

§ 1632. Application of article. This article shall not apply with\nrespect to any portion of the New York state thruway located within a\ncity having a population in excess of one million.\n
N.Y. PBH Law § 1355 — New York Code / Act PBH / Article 13 / Title 8 / Section 1355
Food service safety and sanitation training
Status: in_force

§ 1355. Food service safety and sanitation training. 1. The\ncommissioner shall promulgate rules and regulations (a) establishing\nfood service safety and sanitation training programs and providing\nstandards therefor or (b) providing for the approval of such programs to\nbe administered by local health officials or private parties in\naccordance with such rules and regulations.\n  2. Such regulations shall include a provision permitting private\ncitizens working in establishments subject to the jurisdiction of the\ncommissioner pursuant to this title to attend such training program.\n
N.Y. EDN Law § 7125 — New York Code / Act EDN / Title 8 / Article 144 / Section 7125
Exemptions
Status: in_force

§ 7125. Exemptions.  Nothing in this article shall be construed to\naffect or prevent:\n  a. An unlicensed person from performing merely mechanical work upon\ninert matter in an optical office, laboratory or shop; or\n  b. A student from engaging in clinical practice, under the supervision\nof a licensed ophthalmic dispenser or licensed optometrist or licensed\nphysician, in an ophthalmic dispensing school or college registered by\nthe department; or\n  c. The department from issuing a limited permit to an applicant who\nmeets all requirements for admission to the licensing examination;\nprovided, however, that:\n  (1) Practice under a limited permit shall be under the supervision of\na licensed physician, optometrist or ophthalmic dispenser.\n  (2) A limited permit shall expire after two years, or upon notice to\nthe applicant that the application for licensure has been denied, or ten\ndays after notification to the applicant of failure on the professional\nlicensing examination, whichever shall first occur. Notwithstanding the\nforegoing provisions of this subdivision, if the applicant is waiting\nthe result of a licensing examination at the time such limited permit\nexpires, such permit shall continue to be valid until ten days after\nnotification to the applicant of the results of such examination. A\nlimited permit which has not expired as a result of notice of denial of\nlicensure or of failure on the licensing examination may be renewed for\na period of not more than one additional year, upon a showing\nsatisfactory to the department that the applicant could not obtain a\nlicense within two years.\n  (3) Supervision of a permittee by a licensed physician, optometrist or\nophthalmic dispenser shall be on-site supervision but not necessarily\ndirect personal supervision.\n  (4) The fee for each limited permit and for each renewal shall be\nthirty-five dollars. The fee for issuance of a training permit shall be\nthirty dollars.\n
N.Y. PBA Law § 1827 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 4 / Section 1827
Loans for multi-tenant facilities
Status: in_force

§ 1827. Loans for multi-tenant facilities. When in the judgment of the\nauthority a need exists for additional space for industrial,\nmanufacturing, research and development use or other eligible business\nfacilities in an area of the state, it may make a loan to a local\ndevelopment corporation or issue a loan guarantee to a banking\norganization to assist in financing a project for a business enterprise\nwhich proposes to lease the project to two or more tenants to be used\nfor manufacturing, industrial or research and development purposes, or\nto be used as an eligible business facility, provided that the authority\nshall make a finding in lieu of the findings referred to in section\neighteen hundred twenty-six, that such business enterprise is\nfinancially responsible and presumptively able to comply with any lease,\nmortgage or other agreement made by it with the authority, banking\norganization or a local development corporation in connection with the\nproject.\n
N.Y. PBA Law § 1199-DDDD*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-DDDD*2
Powers of the authority
Status: in_force

* § 1199-dddd. Powers of the authority. Except as otherwise limited by\nthis title, the authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable notes, bonds, or other\nobligations and to provide for the rights of the holders thereof;\n  4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality;\n  6. To purchase or refuse to purchase in the name of the authority, any\nwater or sewerage facility, including plants, works, instrumentalities\nor parts thereof and appurtenances thereto, lands, easements, rights in\nland and water rights, rights-of-way, contract rights, franchises,\npermits, approaches, connections, dams, wells, pumps, reservoirs, water\nor sewer mains and pipe lines, pumping stations, treatment facilities,\nmeters, equipment and inventory, or any other property incidental to and\nincluded in such system or part thereof, and any improvements,\nextensions and betterments, situated wholly within the district and to\npay the costs thereof; provided, however that prior to the acquisition\nof any existing water or sewer district, the authority shall discuss and\nconsider the status of current employees of the water or sewer district;\nand further provided, however, that the authority shall have the power\nto purchase any source of supply, supply facility, water supply system,\nor transmission facility or any part thereof situated wholly or partly\nwithout the territorial limits of the district, provided same shall be\nnecessary in order to supply water within the district; and in\nconnection with the purchase of such properties the authority may assume\nany obligations of the owner of such properties and, to the extent\nrequired by the terms of any indentures or other instruments under which\nsuch obligations were issued, the authority may assume and agree to\nperform covenants and observe the restrictions contained in such\ninstruments; and furthermore the owner of any properties, which the\nauthority is authorized to acquire, is hereby authorized to sell or\notherwise transfer the same to the authority, whereupon the authority\nshall become charged with the performance of all public duties with\nrespect to such properties with which such owner was charged and such\nowner shall become discharged from the performance thereof, and as a\nmeans of so acquiring for such purpose, the authority may purchase all\nof the stock or any existing privately owned water corporation or\ncompany and in the case of a sale or other transfer of properties of a\npublic utility corporation pursuant to this provision, upon the purchase\nof the stock of such corporation or company it shall be lawful to\ndissolve such corporation within a reasonable time;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater or sewerage facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of facilities of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To enter into contracts with municipalities or other persons for\nthe collection, treatment and disposal of sewage;\n  11. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion, such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  12. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state sanitary code with regard to\nwater supply and usage, the requiring of cross-connection controls, the\nproviding of educational material and programs to the public, and the\ncooperating with water suppliers outside the district to conserve,\npreserve and protect the entire water reserve as it is affected within\nand outside the authority's supply area;\n  13. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  14. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n  15. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  16. To prepare a water supply emergency plan which may include, but\nnot be limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) public notification program coordinated with the phased\nimplementation schedule;\n  Such plan shall not be adopted until a public hearing on such plan\nshall have been held, upon not less than fourteen days' notice thereof\nto each customer, either by mail or by publication once in a newspaper\nhaving general circulation within the district; every five years, such\nplan shall be reviewed and revised if necessary after a public hearing,\nwith notice to each customer as aforesaid;\n  17. To enter upon such lands, waters, or premises as in the judgment\nof the authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  18. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  19. To supply and sell water for domestic, commercial and public\npurposes at retail to individual consumers within the district or to\ncollect, treat or discharge sewage produced within the district;\n  20. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n  21. To produce, develop, distribute and sell water or sewerage\nservices within or without the territorial limits of the district; and\nto purchase water from any municipality, town water district, person,\nassociation or corporation, provided, however, that water or sewerage\nservices may be sold at retail to individual consumers only within the\ndistrict and further provided that in exercising the powers granted by\nthis title, the authority shall not sell water in any area which is\nserved by a water system or sewerage services in any area which is\nserved by a sewerage system owned or operated by a municipality or\nspecial improvement district unless the governing body of such\nmunicipality or district shall adopt a resolution requesting the\nauthority to sell water or sewerage services, as the case may be, in\nsuch served areas;\n  22. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation and\nprotection of the authority's water supply and, subject to agreements\nwith bondholders, rules for the sale of water or collection of sewage\nand the collection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision eleven of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the board of supervisors\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable by fine, not exceeding fifty dollars per violation;\n  23. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal of and interest on the bonds, notes, or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue, the expense of operating and maintaining the properties of the\nauthority together with proper maintenance reserves, capital reserves,\nrepair reserves, tax stabilization reserves and other contingency\nreserves, and all other obligations and indebtedness of the authority;\nprovided however, no such rates or charges shall be changed until a\npublic hearing on such changes shall have been held upon not less than\nfourteen days notice thereof to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\nbounds of the authority;\n  24. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's water reserve as it is affected within and outside the\nauthority's supply area, and, within the territorial limits of the\ndistrict, to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system by the authority\nfor any municipality having power to construct and develop a water\nsupply and distribution system or sewerage system or facilities, upon\nsuch terms and conditions as shall be determined to be reasonable\nincluding, but not limited to, the reimbursement of all costs of such\nconstruction, or for any other lawful purposes necessary or desirable to\neffect the purposes of this title, including the investment of funds;\n  25. To provide for the discontinuance or disconnection of the supply\nof water or sewerage service, or both, as the case may be, for\nnonpayment of fees, rates, rents or other charges therefor imposed by\nthe authority, provided such discontinuance or disconnection of any\nwater or sewerage service, or both, as the case may be, shall not be\ncarried out except in the manner and upon the notice as is required of a\nwaterworks corporation pursuant to subdivisions three-a, three-b and\nthree-c of section eighty-nine-b and section one hundred sixteen of the\npublic service law;\n  26. To act as a county water agency in accordance with the provisions\nof article five-A of the county law;\n  27. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is defined in\nsuch article and its contracts for procurement, design, construction,\nservices and materials shall be deemed state contracts within the\nmeaning of that term as set forth in such article; and\n  28. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n  * NB There are 2 § 1199-dddd's\n
N.Y. PBA Law § 1199-EEE — New York Code / Act PBA / Article 5 / Title 8-F / Section 1199-EEE
Powers of the authority
Status: in_force

§ 1199-eee. Powers of the authority. Except as otherwise limited by\nthis title, the authority shall have the power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To borrow money and issue negotiable or non-negotiable notes,\nbonds, or other obligations and to provide for the rights of the holders\nthereof;\n  4. To enter into contracts and execute all instruments necessary or\nconvenient or desirable for the purposes of the authority to carry out\nany powers expressly given it in this title;\n  5. To acquire, by purchase, gift, grant, transfer, contract or lease\nor by condemnation pursuant to the eminent domain procedure law within\nthe district, lease as lessee, hold and use and to sell, lease as\nlessor, transfer or otherwise dispose of, any real or personal property\nor any interest therein, within or without the district, as the\nauthority may deem necessary, convenient or desirable to carry out the\npurpose of this title and to pay the costs thereof; provided, however,\nthat the authority may not condemn real property of a municipality\nwithout the consent of the governing body of such municipality.\nProvided, however, notwithstanding any provision of the eminent domain\nprocedure law to the contrary, in any proceeding brought by the\nauthority to condemn real property pursuant to such law, title shall\nvest in the authority and compensation shall be paid only upon (a) a\ndecision by the supreme court that compensation for the real property\ncondemned shall be determined solely by the income capitalization method\nof valuation based on the actual net income as allowed by the public\nservice commission, and (b) such supreme court's determination that the\namount of such compensation shall be based on the income capitalization\nmethod, entry of a final judgment, the filing of the final decree and\nthe conclusion of any appeal or the expiration of the time to file an\nappeal related to the condemnation proceeding.  If any court shall\nutilize any method of compensation other than the income capitalization\nmethod, or if the proposed compensation is more than the rate base of\nthe assets taken in condemnation, as utilized by the public service\ncommission in setting rates and as certified by such commission, then\nthe authority may withdraw the condemnation proceeding without prejudice\nor costs to any party;\n  6. To purchase, in the name of the authority, any water facility,\nincluding plants, works, instrumentalities or parts thereof and\nappurtenances thereto, lands, easements, rights in land and water\nrights, rights-of-way, contract rights, franchises, permits, approaches,\nconnections, dams, wells, pumps, reservoirs, water mains and pipe lines,\npumping stations, treatment facilities, meters, equipment and inventory,\nor any other property incidental to and included in such system or part\nthereof, and any improvements, extensions and betterments, situated\nwholly within the district and to pay the costs thereof; provided,\nhowever, that the authority shall have the power to purchase any source\nof supply, supply facility, water supply system, or transmission\nfacility or any part thereof situated wholly or partly without the\nterritorial limits of the district, provided the same shall be necessary\nin order to supply water within the district; and in connection with the\npurchase of such properties the authority may assume any obligations of\nthe owner of such properties, and, to the extent required by the terms\nof any indentures or other instruments under which such obligations were\nissued, the authority may assume and agree to perform covenants and\nobserve the restrictions contained in such instruments; and furthermore\nthe owner of any properties, which the authority is authorized to\nacquire, is hereby authorized to sell or otherwise transfer the same to\nthe authority, whereupon the authority shall become charged with the\nperformance thereof, and as a means of so acquiring for such purpose,\nthe authority may purchase all of the stock of any existing privately\nowned water corporation or company and in the case of a sale or other\ntransfer of properties of a public utility corporation pursuant to this\nprovision, upon the purchase of the stock of such corporation or company\nit shall be lawful to dissolve such corporation within a reasonable\ntime;\n  7. To construct, improve, maintain, develop, expand or rehabilitate\nwater facilities and to pay the costs thereof;\n  8. To operate and manage and to contract for the operation and\nmanagement of facilities or property of the authority;\n  9. To enter into contracts, and carry out the terms thereof, for the\nwholesale provision of water produced by supply facilities constructed,\nowned or operated by the authority, to municipalities and private water\ncompanies and to carry out the terms thereof, for the transmission of\nwater from new or existing supply facilities;\n  10. To apply to the appropriate agencies and officials of the federal,\nstate and local governments for such licenses, permits or approvals of\nits plans or projects as it may deem necessary or advisable, and upon\nsuch terms and conditions as it may deem appropriate, to accept, in its\ndiscretion such licenses, permits or approvals as may be tendered to it\nby such agencies and officials;\n  11. To take all necessary and reasonable actions within the district\nto conserve, preserve and protect the water supply to the district,\nincluding the making of plans and studies, the adoption of watershed\nrules and regulations, the enforcing of compliance with all current and\nfuture rules and regulations of the state of New York, its agencies and\ndepartments with regard to water supply and usage, the requiring of\ncross-connection controls, the providing of educational material and\nprograms to the public, and the cooperating with water suppliers outside\nthe district to conserve, preserve and protect the entire water reserve\nas it is affected within and outside the authority's supply area;\n  12. To appoint such officers and employees as are required for the\nperformance of its duties, to fix and determine their qualifications,\nduties and compensation, and to retain or employ counsel, auditors,\nengineers, and private consultants on a contract basis or otherwise for\nrendering professional or technical services and advice;\n  13. With the consent of the governing body of a municipality, to use\nofficers and employees of such municipality and to pay a proper\nproportion of the compensation or costs for the services for such\nofficers or employees;\n  14. To make plans and studies necessary, convenient or desirable for\nthe effectuation of the purposes and powers of the authority and to\nprepare recommendations in regard thereto;\n  15. To prepare a water supply emergency plan which may include, but\nnot be limited to, the following:\n  (a) establishment of criteria and procedures to determine critical\nwater levels or safe yield of system;\n  (b) identification of existing and future sources of water under\nnormal conditions and emergency conditions;\n  (c) system capacity and ability to meet peak demand and fire flows\nconcurrently;\n  (d) storage capacities;\n  (e) current condition of present interconnections and identification\nof additional interconnections to meet a water supply emergency;\n  (f) specific action plan to be followed during a water supply\nemergency including a phased implementation of the plan;\n  (g) general water conservation programs and water use reduction\nstrategies for water supply users;\n  (h) prioritization of water users;\n  (i) identification and availability of emergency equipment needed\nduring a water supply emergency; and\n  (j) public notification program coordinated with the phased\nimplementation schedule. Such plan shall not be adopted until a public\nhearing on such plan shall have been held, upon not less than fourteen\ndays' notice thereof to each customer, either by mail or by publication\nonce in a newspaper having general circulation within the district;\nevery five years, such plan shall be reviewed and revised if necessary\nafter a public hearing, with notice to each customer as aforesaid;\n  16. To enter upon such lands, waters or premises as in the judgment of\nthe authority shall be necessary for the purpose of making surveys,\nsoundings, borings and examinations to accomplish any purpose authorized\nby this title, the authority being liable only for actual damage done;\n  17. To apply for and to accept any gifts or grants or loans of funds\nor property or financial or other aid in any form from the federal\ngovernment or any agency or instrumentality thereof, or from the state\nor any agency or instrumentality thereof, or from any other source, for\nany or all of the purposes specified in this title, and to comply,\nsubject to the provisions of this title, with the terms and conditions\nthereof;\n  18. To obtain, store, treat, distribute, supply and sell water for\ndomestic, commercial and public purposes at retail to individual\nconsumers within the district;\n  19. To purchase water in bulk from any person, private or public\nbenefit corporation or municipality when necessary or convenient for the\noperation of such water system;\n  20. To produce, develop, distribute and sell water or water services\nwithin or without the territorial limits of the district; and to\npurchase water from any municipality, town water district, person,\nassociation or corporation, provided, however, that water may be sold at\nretail to individual consumers only within the district and further\nprovided that in exercising the powers granted by this title, the\nauthority shall not sell water in any area which is served by a water\nsystem owned or operated by a municipality or special improvement\ndistrict unless the governing body of such municipality or district\nshall adopt a resolution requesting the authority to sell water in such\nserved areas;\n  21. To make bylaws for the management and regulation of its affairs\nand rules and regulations for the conservation, preservation, protection\nand distribution of the authority's water supply and, subject to\nagreements with bondholders, rules for the sale of water and the\ncollection of rents and charges therefor. A copy of such rules,\nregulations and bylaws and any rules and regulations adopted pursuant to\nsubdivision eleven of this section, and all amendments thereto, duly\ncertified by the secretary of the authority shall be filed in the office\nof the county clerk of the county. In addition, the board of supervisors\nby local law shall have power to prescribe that violation of specific\nbylaws, rules, or rules and regulations of the authority, published once\nin a newspaper having general circulation within the county, shall be\npunishable by fine, not exceeding one hundred dollars, or by\nimprisonment for not longer than fifteen days, or both;\n  22. To fix rates and collect charges for the use of the facilities of,\nor services rendered by, or any commodities furnished by the authority\nsuch as to provide revenues sufficient at all times to pay, as the same\nshall become due, the principal of and interest on the bonds, notes, or\nother obligations of the authority together with the maintenance of\nproper reserves therefor, in addition to paying as the same shall become\ndue, the expense of operating and maintaining the properties of the\nauthority together with proper maintenance reserves, capital reserves,\nrepair reserves, tax stabilization reserves and other contingency\nreserves, and all other obligations and indebtedness of the authority;\nhowever, no such rates or charges shall be changed until a public\nhearing on such changes shall have been held upon not less than fourteen\ndays notice thereof to each customer, either by mail or by publication\nonce in a newspaper having general circulation within the district;\n  23. To enter into cooperative agreements with other authorities,\nmunicipalities, counties, cities, towns, villages, water districts,\nutility companies, individuals, firms or corporations, within or without\nthe territorial limits of the district for the interconnection of\nfacilities, the provision, exchange or interchange of services and\ncommodities, the conservation, preservation and protection of the\nauthority's supply area, and, within the territorial limits of the\ndistrict, to enter into a contract for the construction, operation and\nmaintenance of a water supply and distribution system by the authority\nfor any municipality, upon such terms and conditions as shall be\ndetermined to be reasonable including, but not limited to, the\nreimbursement of all costs of such construction, or for any other lawful\npurposes necessary or desirable to effect the purposes of this title;\n  24. To provide for the discontinuance or disconnection of the supply\nof water for nonpayment of fees, rates, rents or other charges therefor\nimposed by the authority, provided such discontinuance or disconnection\nof any supply of water shall not be carried out except in the manner and\nupon the notice as is required of a waterworks corporation pursuant to\nsubdivisions three-a, three-b and three-c of section eighty-nine-b and\nsection one hundred sixteen of the public service law;\n  25. To act as a county water agency, pursuant to the provisions of\narticle five-A of the county law; and\n  26. To do all things necessary, convenient or desirable to carry out\nits purposes and for all exercise of the powers granted in this title.\n
N.Y. PBA Law § 707 — New York Code / Act PBA / Article 3 / Title 8 / Section 707
Remedies of bondholders
Status: in_force

§ 707. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any of the\nbonds after the same shall have become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of the bonds, the holders of twenty-five\nper centum in aggregate principal amount of the bonds then outstanding,\nby an instrument or instruments in writing filed in the office of the\nclerk of the county of Saint Lawrence and proved or acknowledged in the\nsame manner as a deed to be recorded, may appoint a trustee to represent\nthe holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of the bonds then outstanding\nshall, in his or its own name\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\ntolls and revenues adequate to carry out any agreement as to, or pledge\nof, such tolls and revenues, and to require the authority to carry out\nany other agreements with the bondholders and to perform its duties\nunder this title;\n  (b) bring suit upon the bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the bondholders;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the bondholders;\n  (e) declare all of the outstanding bonds due and payable, and if all\ndefaults shall be made good to annul such declaration and its\nconsequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of the bondholders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Saint\nLawrence.\n  4. Before declaring the principal of all bonds due and payable the\ntrustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not all bonds have been declared due\nand payable, shall be entitled as of right to the appointment of a\nreceiver who may enter and take possession of the bridge and any\napproach roads and the ferry or ferries then under the jurisdiction of\nthe authority or any part or parts thereof and operate and maintain the\nsame and collect and receive all tolls and other revenues thereafter\narising from the operation thereof in the same manner as the authority\nitself might do, and shall deposit all such moneys in a separate account\nand apply the same in such manner as the court shall direct. In any\nsuit, action or proceeding by the trustee the fees, counsel fees and\nexpenses of the trustee and of the receiver, if any, shall constitute\ntaxable disbursements and all costs and disbursements allowed by the\ncourt shall be a first charge on any tolls and other revenues derived\nfrom the operation of the bridge and the ferry or ferries.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of the bondholders in the enforcement and protection of\ntheir rights.\n
N.Y. EDN Law § 7328 — New York Code / Act EDN / Title 8 / Article 148 / Section 7328
Mandatory continuing education for landscape architects
Status: in_force

* § 7328. Mandatory continuing education for landscape architects. 1.\n(a) Each licensed landscape architect required under this article to\nregister triennially with the department to practice in the state shall\ncomply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Landscape\narchitects who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a landscape\narchitect may practice without having met such requirements if he or she\nis issued a conditional registration certificate pursuant to subdivision\nthree of this section.\n  (b) Landscape architects shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed, in accordance with the intent of this section,\nadjustment to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed landscape architect not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of landscape architecture during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Up to\none-half of the total hours of continuing education may consist of\nnon-course activities. Any landscape architect whose first registration\ndate following the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand seven, shall complete continuing education hours on a prorated\nbasis at the rate of one hour per month for the period beginning January\nfirst, two thousand seven up to the first registration date thereafter.\nA licensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided for in subdivision three\nof this section. With the exception of continuing education hours taken\nduring the registration period immediately preceding the effective date\nof this section, continuing education hours taken during one triennium\nmay not be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices landscape architecture without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities\nwhich contribute to professional practice in landscape architecture and\nwhich meet the standards prescribed by regulations of the commissioner.\nThe department may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n  5. Landscape architects shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-three hundred twenty-four\nof this article.\n  * NB Effective until May 21, 2027\n  * § 7328. Mandatory continuing education for landscape architects. 1.\n(a) Each licensed landscape architect required under this article to\nregister triennially with the department to practice in the state shall\ncomply with provisions of the mandatory continuing education\nrequirements prescribed in subdivision two of this section except as set\nforth in paragraphs (b) and (c) of this subdivision. Landscape\narchitects who do not satisfy the mandatory continuing education\nrequirements shall not practice until they have met such requirements,\nand have been issued a registration certificate, except that a landscape\narchitect may practice without having met such requirements if they are\nissued a conditional registration certificate pursuant to subdivision\nthree of this section.\n  (b) Landscape architects shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed, in accordance with the intent of this section,\nan adjustment and/or exemption to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n  (c) A licensed landscape architect not engaged in practice as\ndetermined by the department, shall be exempt from the mandatory\ncontinuing education requirement upon the filing of a statement with the\ndepartment declaring such status. Any licensee who returns to the\npractice of landscape architecture during the triennial registration\nperiod shall notify the department prior to reentering the profession\nand shall meet such mandatory education requirements as shall be\nprescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Any\nlandscape architect whose first registration date following the\neffective date of this section occurs less than three years from such\neffective date, but on or after January first, two thousand seven, shall\ncomplete continuing education hours on a prorated basis at the rate of\none hour per month for the period beginning January first, two thousand\nseven up to the first registration date thereafter. A licensee who has\nnot satisfied the mandatory continuing education requirements shall not\nbe issued a triennial registration certificate by the department and\nshall not practice unless and until a conditional registration\ncertificate is issued as provided for in subdivision three of this\nsection. No more than six continuing education hours taken during one\ntriennium may be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices landscape architecture without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities in\nlandscape architecture, architecture, engineering, interior design, land\nsurveying, and geology that may contribute to professional practice in\nlandscape architecture and which meet the standards prescribed by\nregulations of the commissioner. Completing courses of learning and\neducational activities that fall within the scope of practice of another\nlicensed profession does not authorize a licensed landscape architect to\nlawfully practice a profession that they are not authorized to practice\nas defined in section seventy-three hundred twenty-one of this article.\nThe department may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n  5. Landscape architects shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-three hundred twenty-four\nof this article.\n  * NB Effective May 21, 2027\n
N.Y. VAT Law § 1662-E — New York Code / Act VAT / Title 8 / Article 41 / Section 1662-E
Residential parking system in the town of Hempstead
Status: in_force

§ 1662-e. Residential parking system in the town of Hempstead. 1.\nNotwithstanding the provisions of any law to the contrary, the town\nboard of the town of Hempstead may, by adoption of a local law or\nordinance, provide for a residential parking permit system and fix and\nrequire the payment of fees applicable to parking within the area in\nwhich such parking system is in effect in accordance with the provisions\nof this section.\n  2. Such residential parking permit system may only be established:\n  (i) within the area known as East Meadow of the town consisting of the\nfollowing roadways:\n  (a) Roosevelt Avenue west of Prospect Avenue;\n  (b) Jefferson Street west of Prospect Avenue;\n  (c) First Street west of Prospect Avenue;\n  (d) Second Street West of Prospect Avenue;\n  (e) Third Street west of Prospect Avenue;\n  (f) Fourth Street west of Prospect Avenue;\n  (g) Clearmeadow Drive;\n  (h) Nottingham Road;\n  (i) Florence Court;\n  (j) Jane Court;\n  (k) Dofena Lane;\n  (l) Franklin Avenue north of 4th Street;\n  (m) Bailey Avenue;\n  (n) Franklin Avenue, north of 7th Street and south of Hempstead\nTurnpike;\n  (o) Lincoln Avenue, north of 7th Street and south of Roosevelt Avenue;\n  (p) 5th Street, west of Prospect Avenue;\n  (q) 6th Street, west of Prospect Avenue;\n  (r) 7th Street, west of Prospect Avenue;\n  (s) Pengon Circle;\n  (t) Lois Court;\n  (u) Erma Drive;\n  (v) Ava Drive;\n  (w) Dorothy Drive;\n  (x) Barbara Drive;\n  (y) Rose Drive;\n  (z) Bly Road;\n  (aa) Marion Drive; and\n  (bb) Conti Square Boulevard.\n  (ii) within the area known as Oceanside of the town which shall mean\nthat area generally bounded by the following: All of that area beginning\nat the intersection of Foxhurst Road and Soper Ave; proceeding west on\nFoxhurst Road to Long Beach Road; thence running north on Long Beach\nRoad to Merrick Road; thence running east on Merrick Road to Oceanside\nRoad; thence running north on Oceanside Road to Sunrise Highway; thence\nrunning east along Sunrise Highway to Charing Cross Road; thence running\nsouth on Charing Cross Road to Merrick Road; thence running west on\nMerrick Road to Soper Ave; thence running south on Soper Ave to its\nintersection with Foxhurst Road, the place of beginning. For the\npurposes of this paragraph, permit parking may be implemented on both\nsides of any street whose center line is herein utilized as a boundary\ndescription; provided, however, that except for the reference to state\nhighways solely for the purposes of delineating the boundaries of the\narea described in this paragraph, the provisions of this section shall\nnot apply to any state highway maintained by the state.\n  (iii) within the area known as Elmont of the town consisting of the\nfollowing roadways:\n  (a) Holland Avenue north of Murray Hill Street;\n  (b) Elzey Avenue north of Murray Hill Street;\n  (c) Claridge Avenue north of Murray Hill Street;\n  (d) Savoy Avenue north of Murray Hill Street;\n  (e) Gotham Avenue north of Murray Hill Street;\n  (f) Waldorf Avenue north of Murray Hill Street;\n  (g) Biltmore Avenue north of Murray Hill Street;\n  (h) Seville Street;\n  (i) Blackstone Street;\n  (j) Fieldmere Street north of 109th Avenue;\n  (k) Warwick Road north of 109th Avenue;\n  (l) Sussex Road;\n  (m) Sterling Road north of 109th Avenue;\n  (n) Locustwood Boulevard north of 109th Avenue;\n  (o) Heathcote Road north of 109th Avenue;\n  (p) Wellington Road north of 109th Avenue;\n  (q) Huntley Road;\n  (r) Oak Street;\n  (s) Pine Street; and\n  (t) 106th Avenue.\n  (iv) within the area known as Bellerose Terrace of the town consisting\nof the following roadways:\n  (a) Superior Road west of Colonial Road;\n  (b) Ontario Road from Colonial Road to 242nd Street and from 239th\nStreet to 240th Street;\n  (c) 95th Avenue east of 225th Street;\n  (d) 225th Street;\n  (e) 226th Street;\n  (f) 238th Street;\n  (g) 239th Street from Superior Road to Jamaica Avenue westbound;\n  (h) 240th Street from Superior Road to Jamaica Avenue westbound;\n  (i) 241st Street from Superior Road to Jamaica Avenue westbound;\n  (j) 242nd Street;\n  (k) 243rd Street;\n  (l) 244th Street from Superior Road to Jamaica Avenue westbound;\n  (m) 245th Street from Superior Road to the Jericho Turnpike westbound;\n  (n) 246th Street from Superior Road to the Jericho Turnpike westbound;\nand\n  (o) Colonial Road.\n  3. Notwithstanding the foregoing, no permit shall be required on those\nportions of such streets where the adjacent properties are zoned for\ncommercial/retail use.\n  4. The local law or ordinance providing for such residential parking\nsystem shall:\n  (a) set forth factors necessitating the enactment of such parking\nsystem;\n  (b) provide that motor vehicles registered pursuant to section four\nhundred four-a of this chapter shall be exempt from any permit\nrequirement;\n  (c) provide the times of day and days of the week during which permit\nrequirements shall be in effect;\n  (d) make not less than fifteen percent of the spaces within the permit\narea available to nonresidents, and shall provide short term parking of\nnot less than sixty minutes in duration in the permit area;\n  (e) provide the schedule of fees to be paid for such permits; and\n  (f) provide that such fees shall be credited to the general fund of\nthe town of Hempstead unless otherwise specified in such local law.\n  5. No ordinance shall be adopted pursuant to this section until a\npublic hearing thereon has been had in the same manner as required for\npublic hearings on a local law pursuant to the municipal home rule law.\n  6. The provisions of this section shall not apply to any state highway\nmaintained by the state.\n
N.Y. ENV Law § 17-0821 — New York Code / Act ENV / Article 17 / Title 8 / Section 17-0821
Fees
Status: in_force

§ 17-0821. Fees.\n  The department is hereby authorized to establish a schedule of\nreasonable fees, such schedule taking into consideration the volume of\nthe discharge and treatment costs, for application for issuance of SPDES\npermits to compensate the department for its expenses hereunder, giving\ndue recognition to the amount of federal assistance available; provided,\nhowever, that the department shall not charge a publicly owned drinking\nwater treatment plant the rates charged industrial facilities, but shall\nconsider such plants to be municipal facilities for the purposes of the\nimposition of fees pursuant to section 72-0602 of this chapter.\n
N.Y. VAT Law § 1604 — New York Code / Act VAT / Title 8 / Article 35 / Section 1604
Local ordinances prohibited
Status: in_force

§ 1604. Local ordinances prohibited. Except as otherwise provided in\nthis chapter, local authorities shall have no power to pass, enforce or\nmaintain any ordinance, rule or regulation requiring from any owner of a\nmotor vehicle or motorcycle, or from any operator or chauffeur to whom\nthis chapter is applicable, any tax, fee, license or permit for the use\nof the public highways, or excluding any such owner, operator or\nchauffeur from the free use of such public highways, excepting such\ndriveway, speedway or road as has been or may be expressly set apart by\nlaw for the exclusive use of horses and light carriages, or in any other\nway restricting motor vehicles or motorcycles or their speed upon or use\nof the public highways; or setting aside for any given time a specified\npublic highway or any part thereof constructed in whole or in part at\nthe expense of the state for exhibitions, shows, exercises,\nentertainments or meetings; and no ordinance, rule or regulation\ncontrary to or in any wise inconsistent with the provisions of this\nchapter, now in force or hereafter enacted shall have any effect.\n  Provided, however, that the power given to local authorities to\nlicense and regulate vehicles offered to the public for hire, and\nprocessions, assemblages or parades in the streets or public places, and\nall ordinances, rules and regulations which may have been or which may\nbe enacted in pursuance of such powers shall remain in full force and\neffect.\n
N.Y. PBA Law § 1198-D — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-D
Water authority of Western Nassau county
Status: in_force

§ 1198-d. Water authority of Western Nassau county. 1. A corporation\nknown as "water authority of Western Nassau county" is hereby created\nfor the purposes and charged with the duties and having the powers\nprovided in this title. The authority shall be a corporate governmental\nagency constituting a public benefit corporation and shall be a "public\ndistrict" for the purposes of section eighty-nine-l of the public\nservice law. The authority shall be governed by a board of directors\nconsisting of nine members, two of whom shall be appointed by the town\nboard of the town of Hempstead and one of whom shall be appointed by the\ntown board of the town of North Hempstead in the same manner as officers\nand employees are appointed pursuant to paragraph a of subdivision one\nof section twenty of the town law. The village boards of the villages of\nBellrose, Floral Park, Garden City, New Hyde Park, South Floral Park and\nStewart Manor shall each appoint one member in the same manner as\nofficers are appointed pursuant to subdivision three of section 3-301 of\nthe village law. Each member shall serve for a period of two years.\nMembers shall receive no compensation for their services but shall be\nentitled to reimbursement of their necessary expenses, including\ntraveling expenses, incurred in the discharge of their duties. Nothing\nherein shall be construed as preventing a chief executive officer of a\ntown from being appointed as a member of the board of directors.\n  2. Any one or more of the members of the board of directors may be an\nofficial or an employee of a municipality situated within the district.\nIn the event that an official or an employee of such municipality shall\nbe appointed as a member of the board of directors, acceptance or\nretention of such appointment shall not be deemed a forfeiture of his or\nher municipal office or employment, or incompatible therewith or affect\nhis or her tenure or compensation in any way.\n  3. No action shall be taken by the authority except pursuant to the\nfavorable vote of not less than fifty-one percent of the total\nauthorized voting strength of the board of directors. The total\nauthorized voting strength of the board of directors shall be equal to\n100.0.\n  (a) The number of weighted votes possessed by each member of the board\nof directors shall be determined in accordance with paragraphs (c), (d)\nand (e) of this subdivision.\n  (b) No action shall be taken by the authority except pursuant to the\nfavorable vote of at least: (i) fifty-one percent of the total\nauthorized voting strength of the board of directors; and (ii) five\nmembers of the board of directors.\n  (c) The vote of each member shall be equal to one hundred multiplied\nby a fraction, the numerator of which shall be equal to the number of\ncustomers to whom water is supplied by the authority or any other public\nwater supplier in the municipality from which such member was appointed\nand the denominator of which shall be equal to the number of customers\nto whom water is supplied by the authority or any other public water\nsupplier in all of the municipalities within the district. Provided,\nhowever, in the case of the two members appointed by the town board of\nthe town of Hempstead, the vote of each member shall be equal to fifty\nmultiplied by such fraction.\n  (d) Based upon the water supplied to the municipalities within the\ndistrict in the year nineteen hundred ninety-two, the voting shall be\nweighted as follows:\nMEMBER APPOINTED BY THE TOWN OR             AUTHORIZED NUMBER OF\n    VILLAGE BOARD OF THE:                         VOTES:\n Town of Hempstead (1 member)                     26.6\n Town of Hempstead (1 member)                     26.6\n Village of Floral Park                           14.6\n Village of New Hyde Park                         10.5\n Town of North Hempstead                          15.1\n Village of Stewart Manor                          2.4\n Village of Bellrose                               1.5\n Village of South Floral Park                      1.4\n Village of Garden City                            1.3\n                                                 -----\n                                          Total  100.0\n  (e) Commencing on the first day of April, nineteen hundred\nninety-three and every four years thereafter, the authorized number of\nvotes of each member shall be adjusted in accordance with the formula\nset forth in paragraph (c) of this subdivision to reflect the total\nnumber of customers to whom water is supplied by the authority or any\nother public water supplier in each municipality within the district\nduring the two calendar years immediately preceding the date on which\nthe adjustment is being made.\n  (f) Any person serving on the board of directors as of April first,\nnineteen hundred ninety-two may be appointed to represent any\nmunicipality pursuant to the provisions of subdivision one of this\nsection. Provided, however, that the two-year term of such person shall\nbe considered to have started on the date of his or her original\nappointment and will expire two years from the date of such appointment.\n  4. The powers of the authority shall be vested in and shall be\nexercised by the board of directors at a meeting duly called and held.\nSix members of the board of directors, who together are authorized to\ncast a majority of the weighted vote, shall constitute a quorum. The\nboard of directors may delegate to one or more of its members, or to one\nor more of the officers, agents or employees of the authority, such\npowers and duties as it may deem proper.\n  5. The officers of the authority shall consist of a chairperson,\ntreasurer, and secretary, who may, but need not be members of the board\nof directors. The officers of the authority shall be appointed by the\nboard of directors. The board of directors may appoint and at its\npleasure remove an attorney and an engineer, which positions, in\naddition to the officers above named, shall be in the exempt class of\nthe civil service and such additional officers and employees as it may\nrequire for the performance of its duties, fix and determine their\nqualifications, duties, compensations and terms of office or tenure,\nsubject to the provisions of the civil service law of the state and such\nrules as the civil service commission may adopt and make applicable to\nthe authority. The authority may also from time to time contract for\nexpert professional services. The duties of the officers shall be as\nfollows:\n  (a) Chairperson. The chairperson shall be the chief executive officer\nof the authority and it shall be the responsibility of the chairperson\nto:\n  (i) preside at all meetings of the board of directors and of the\nofficers;\n  (ii) manage the water facility, the transmission facility and the\ndistribution system and to effectuate the decisions of the board of\ndirectors;\n  (iii) exercise supervision over the conduct of the officers and\nemployees of the authority;\n  (iv) report annually to each customer, either by mail or by\npublication once in a newspaper having general circulation within the\ndistrict; such report shall include but not be limited to the following\ninformation:\n  (1) a brief financial account on operations of the water system\nincluding, but not limited to, water rates, total revenues, operating\nand maintenance expense, and interest on bonds and notes;\n  (2) the population served by the authority;\n  (3) the number of wells, towers and other storage facilities operated\nby the authority;\n  (4) the total pumpage of groundwater including the amount received\nthrough interdistrict interconnections and the estimated amount lost\nfrom the system;\n  (5) the single highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which exceeds the applicable county water\nquality standard or guideline, that standard or guideline, the site of\neach well at which each reported constituent was found, and the date on\nwhich each reported constituent was analyzed;\n  (6) the highest level from each well of each synthetic organic\nchemical, nitrate and chloride constituent tested for by the authority\nat any time during the year which does not exceed the applicable county\nwater standard or guideline, but which contains a level equal to or\ngreater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, the site of each well\nat which each reported constituent was found and the date on which each\nreported constituent was analyzed;\n  (7) once every five years, the highest level of any constituent\ndiscovered within the distribution system which contains a level equal\nto or greater than two-thirds of the amount permitted before exceeding a\nstandard or guideline, that standard or guideline, and the resulting\naction taken by the authority;\n  (8) any well restricted, removed from service or otherwise limited in\nits use and the cause for such action;\n  (9) any actions taken to secure new supplies or replace lost capacity;\n  (10) the types of treatment which the water receives before entering\nthe distribution system;\n  (11) any compliance activities required by regulations of the\ndepartment of environmental conservation or the department of health or\nany local health department and any instances of noncompliance;\n  (12) the present condition of the distribution system and any\nsignificant actions, as determined by the authority, to improve or\nmaintain the system;\n  (13) any special public services the authority provides during the\nyear; and\n  (14) information on water conservation measures customers can\nimplement, such as, but not limited to, retrofitting plumbing fixtures,\naltering irrigation timing, using irrigation sensors, leak detection,\nproper use of water-consuming appliances, daily conscientious use of\nwater and estimated savings of water, energy, and money, from use of\nthese measures;\n  (v) execute all contracts in the name of the authority;\n  (vi) institute, at the direction of the board of directors, all civil\nactions in the name of the authority;\n  (vii) provide for the enforcement of all of the rules and regulations\nof the authority and cause all violations thereof to be prosecuted;\n  (viii) sign orders to pay claims when authorized by the board of\ndirectors;\n  (ix) sign checks in the absence or inability of the treasurer or\ndeputy treasurer, if any, when authorized by the board of directors; and\na certified copy of a resolution of the board of directors to that\neffect shall be notice to the depository of such authorization;\n  (x) appoint, subject to the approval of the board of directors,\nnon-elected officers, counsel, accountants, and other financial\nadvisors, engineers and other technical advisors;\n  (xi) employ, promote and discharge managers, supervisors and\nemployees; and\n  (xii) take all other reasonable and necessary actions to carry out his\nor her office as the chief executive of the authority. If the\nchairperson has not been appointed as a member of the board of directors\nof the authority pursuant to this section, such chairperson shall be\ndeemed an ex officio member of the board of directors. Such status shall\nnot carry with it the right to vote on matters coming before the board\nof directors nor shall the presence of such chairperson be counted for\nthe purpose of determining a quorum.\n  (b) Secretary. (i) The secretary shall be the recording and\ncorresponding officer of the authority and the custodian of the records\nof the authority.\n  (ii) The secretary shall prepare and send required notices of all\nmeetings when directed to do so by the chairperson or by the written\nrequest of four members who have specified the issues to be discussed at\nthe meeting.\n  (iii) In the absence or disability of the secretary, the chairperson\nmay appoint a temporary secretary.\n  (c) Treasurer. (i) The treasurer shall have custody of all moneys\nbelonging to the authority and keep accounts of all receipts and\nexpenditures in conformance with a uniform system of accounts formulated\nand prescribed by the comptroller pursuant to section thirty-six of the\ngeneral municipal law.\n  (ii) The treasurer shall execute a bond, conditioned upon the faithful\nperformance of the duties of his or her office, the amount and\nsufficiency of which shall be approved by the board of directors and the\npremium therefor shall be paid by the authority.\n  (iii) The treasurer shall deposit, within ten days after receipt\nthereof, in the name of the authority, in one or more banks, and/or\ntrust companies, designated by the board of directors, all moneys\nreceived by him or her.\n  (iv) The treasurer may sign checks with the facsimile signature of the\ntreasurer, as reproduced by a machine or device commonly known as a\nchecksigner, when authorized by the board of directors.\n  (v) The treasurer shall pay out moneys from the authority treasury\nonly as authorized by the board of directors and by law. All such\npayments, except as may be authorized by the board of directors for a\npetty cash account, shall be by check.\n  (vi) The treasurer shall issue a report on the finances of the\nauthority at each regular meeting of the board of directors.\n  (vii) The treasurer shall file in the office of the authority, within\nsixty days after the end of the fiscal year, a statement showing in\ndetail all revenues and expenditures during the previous fiscal year and\nthe outstanding indebtedness of the authority as of the end of the\nfiscal year. The members shall, within ten days, cause to be published\nonce in a newspaper having general circulation within the district, a\nnotice that the annual financial statement has been filed and is\navailable for inspection or a summary of such statement in a form\napproved by the comptroller, with an endorsement thereon that details\nthereof are on file in the office of the authority. The members shall\ncause to be audited by a certified public accountant engaged for that\npurpose, such report and supporting records.\n  6. The officers of the authority shall receive such compensation for\ntheir services as shall be fixed by the board of directors and shall be\nreimbursed for all necessary and actual expenses incurred in connection\nwith their duties as such officers and in connection with the carrying\nout of the purposes of this title.\n  7. The authority and its corporate existence shall continue until\nterminated by law or terminated pursuant to an affirmative vote of at\nleast six members of the board of directors, who together are authorized\nto cast at least ninety-five votes, to retain the water supply system\nwithin the district which is in existence as of the effective date of\nthis title; provided, however, that no such law or vote shall take\neffect so long as the agency shall have bonds or other obligations\noutstanding unless adequate provision has been made for the payment or\nsatisfaction thereof. Except as provided in paragraph (d) of subdivision\none of section eleven hundred ninety-eight-e of this article, upon\ntermination of the existence of the authority, all of the rights and\nproperties of the authority then remaining shall pass to and vest in the\nmunicipalities within the district. Such property shall be apportioned\nand distributed so each municipality shall receive the property located\nwithin its boundaries.\n  8. In addition to any powers granted to it by law, the governing body\nof each of the municipalities within the district, from time to time,\nmay appropriate sums of money to defray project costs or any other costs\nand expenses of the authority. Subject to the rights of bondholders,\neach governing body may determine if the moneys so appropriated shall be\nsubject to repayment by the authority to the municipalities, and in such\nevent, the manner and time or times for such repayment.\n  9. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations or any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  10. For the purposes of article fifteen-A of the executive law only,\nthe authority shall be deemed a state agency as that term is used in\nsuch article, and its contracts for design, construction, services and\nmaterials shall be deemed state contracts within the meaning of that\nterm as set forth in such article.\n  11. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the municipalities within the district and\nstate, for the improvement of their health, welfare and prosperity and\nthat the said purposes are public purposes and that the authority is and\nwill be performing an essential governmental function in the exercise of\nthe powers conferred upon it by this title.\n
N.Y. EDN Law § 6503-A — New York Code / Act EDN / Title 8 / Article 130* / Section 6503-A
Waiver for entities providing certain professional services
Status: in_force

§ 6503-a. Waiver for entities providing certain professional services.\n1. a. Notwithstanding any laws to the contrary, except as provided in\nsubdivision two of this section, a not-for-profit corporation formed for\ncharitable, educational, or religious purposes or other similar purposes\ndeemed acceptable by the department; or an education corporation as\ndefined in subdivision one of section two hundred sixteen-a of this\nchapter may provide the following services, provided that, except as\notherwise provided in paragraph b of this subdivision, the entity was in\nexistence prior to the effective date of this section and has applied to\nthe department for a waiver pursuant to this section by no later than\nFebruary first, two thousand twelve:\n  (i) services provided under article one hundred fifty-four, one\nhundred sixty-three or one hundred sixty-seven of this title for which\nlicensure would be required, or\n  (ii) services constituting the provision of psychotherapy as defined\nin subdivision two of section eighty-four hundred one of this title and\nauthorized and provided under article one hundred thirty-one, one\nhundred thirty-nine, or one hundred fifty-three of this title.\n  Such services may be provided either directly through the entity's\nemployees or indirectly by contract with individuals or professional\nentities duly licensed, registered, or authorized to provide such\nservices.\n  b. The department may issue a waiver on or after July first, two\nthousand twelve to an entity which was created before, on, or after the\neffective date of this section if there is a demonstration of need of\nthe entity's services satisfactory to the department.\n  c. After the commissioner prescribes the application form and posts\nnotice of its availability on the department's website, any entity\ndescribed in paragraph a of this subdivision providing services on the\neffective date of this section, must apply for a waiver no later than\nFebruary first, two thousand twelve. Upon submission of an application,\nan entity may continue to operate and provide services until the\ndepartment shall either deny or approve the entity's application. After\nthe department renders a timely initial determination that the applicant\nhas submitted the information necessary to verify that the requirements\nof paragraphs d, e, and f of this subdivision are satisfied,\napplications for waivers shall be approved or denied within ninety days;\nprovided however, that if the waiver application is denied the entity\nshall cease providing professional services, pursuant to paragraph a of\nthis subdivision, in the state of New York.\n  d. Such waiver shall provide that services rendered pursuant to this\nsection, directly or indirectly, shall be provided only by a person\nappropriately licensed to provide such services pursuant to article one\nhundred thirty-one, one hundred thirty-nine, one hundred fifty-three,\none hundred fifty-four, or one hundred sixty-three of this title, or by\na person otherwise authorized to provide such services under such\narticles, or by a professional entity authorized by law to provide such\nservices.\n  e. An application for a waiver to provide professional services\npursuant to this section shall be on a form prescribed by the\ncommissioner. Such application shall include:\n  (i) the name of the entity,\n  (ii) the names of the directors and officers of such entity,\n  (iii) a listing of any other jurisdictions where the entity may\nprovide services, and\n  (iv) an attestation made by an officer authorized by the entity to\nmake such attestation that identifies the scope of services to be\nprovided; includes a list of professions under this title in which\nprofessional services will be provided by such entity; includes a\nstatement that, unless otherwise authorized by law, the entity shall\nonly provide professional services authorized under this section;\nincludes a statement that only a licensed professional, a person\notherwise authorized to provide such services, or a professional entity\nauthorized by law to provide such services shall provide such\nprofessional services as authorized under this section; and attests to\nthe adequacy of the entity's fiscal and financial resources to provide\nsuch services.\n  Such application shall also include any other information related to\nthe application as may be required by the department.\n  f. Each officer and director of such entity shall provide an\nattestation regarding his or her good moral character as required\npursuant to paragraph h of this subdivision. The commissioner shall be\nfurther authorized to promulgate rules or regulations relating to the\nstandards of the waiver for entities pursuant to this section. Such\nregulations shall include standards relating to the entity's ability to\nprovide services, the entity's maintenance of patient and business\nrecords, the entity's fiscal policies, and such other standards as may\nbe prescribed by the commissioner.\n  g. The entity operating pursuant to a waiver shall display, at each\nsite where professional services are provided to the public, a\ncertificate of such waiver issued by the department pursuant to this\nsection, which shall contain the name of the entity and the address of\nthe site. Such entities shall obtain from the department additional\ncertificates for each site at which professional services are provided\nto the public.  Each entity shall be required to re-apply for a waiver\nevery three years. If any information supplied to the department\nregarding the entity shall change, the entity shall be required to\nprovide such updated information to the department within sixty days.\n  h. Entities operating under a waiver pursuant to this section shall be\nunder the supervision of the regents and shall be subject to\ndisciplinary proceedings and penalties. The waivers for such entities\nshall be subject to suspension, revocation or annulment for cause in the\nsame manner and to the same extent as individuals and professional\nservices corporations with respect to their licenses, certificates, and\nregistrations, as applicable, as provided in this title relating to the\napplicable profession. All officers and directors of such entities shall\nbe of good moral character. Entities operating pursuant to a waiver and\ntheir officers and directors shall be entitled to the same due process\nprocedures as are provided to such individuals and professional services\ncorporations. No waiver issued under this section shall be transferable\nor assignable, as such terms are defined in the regulations of the\ncommissioner.\n  i. An entity operating pursuant to a waiver shall not practice any\nprofession licensed pursuant to this title or hold itself out to the\npublic as authorized to provide professional services pursuant to this\ntitle except as specifically authorized by this section or as otherwise\nauthorized by law.\n  2. No waiver pursuant to this section shall be required of:\n  a. any entity operated under an operating certificate appropriately\nissued in accordance with article sixteen, thirty-one, or thirty-two of\nthe mental hygiene law, article twenty-eight of the public health law,\nor comparable procedures by a New York state or federal agency,\npolitical subdivision, municipal corporation, or local government agency\nor unit, in accordance with the scope of the authority of such operating\ncertificate; or\n  b. a university faculty practice corporation duly incorporated\npursuant to the not-for-profit corporation law; or\n  c. an institution of higher education authorized to provide a program\nleading to licensure in a profession defined under article one hundred\nthirty-one, one hundred thirty-nine, one hundred fifty-three, one\nhundred fifty-four or one hundred sixty-three of this title, to the\nextent that the scope of such services is limited to the services\nauthorized to be provided within such registered program; or\n  d. an institution of higher education providing counseling only to the\nstudents, staff, or family members of students and staff of such\ninstitution; or\n  e. any other entity as may be defined in the regulations of the\ncommissioner, provided that such entity is otherwise authorized to\nprovide such services pursuant to law and only to the extent such\nservices are authorized under any certificates of incorporation or such\nother organizing documents as may be applicable.\n  3. Nothing in this section shall be construed to limit the authority\nof another state agency to certify, license, contract or otherwise\nauthorize an entity applying for a waiver pursuant to this section, if\nsuch state agency is otherwise authorized under another provision of law\nto certify, license, contract or authorize such an entity, nor shall a\nwaiver pursuant to this section be construed to provide an exemption of\nsuch entity from any certification, licensure, need to contract or any\nother such requirement established by such state agency or under any\nother provision of law. If a state agency determines that such\ncertification, licensure, contract or other authorization is required, a\nwaiver pursuant to this section shall not have the effect of authorizing\nthe provision of professional services under the jurisdiction of such\nagency in the absence of certification, licensure, a contract or other\nauthorization from such state agency, and the department shall consult\nwith such agency regarding the need for licensure, contracting,\ncertification or authorization. In determining an application for a\nwaiver pursuant to this section, the department shall consider as a\nfactor in such determination any denial of an operating certificate or\nother authority to provide the services authorized pursuant to this\nsection by a New York state or federal agency, political subdivision,\nmunicipal corporation, or local government agency or unit, and shall not\napprove a waiver application authorizing an entity to provide a program\nor services where the entity operated such a program or provided such\nservices for which an operating certificate or license is pending, was\ndisapproved or was revoked, or a written authorization or contract was\nterminated for cause, by one of such agencies, except upon approval of\nsuch action by the appropriate state agency. Such state agencies shall\nnotify the department, upon request and within a fifteen day period,\nwhether a waiver applicant has been subject to such disapproval,\nrevocation or termination for cause or has a pending application for a\nlicense or operating certificate.\n  4. Nothing in this section shall be construed to limit the authority\nof the following entities to provide professional services they are\nauthorized by law to provide:\n  a. any appropriately organized professional entity, including, but not\nlimited to, those established under the business corporation law, the\nlimited liability company law or the partnership law; or\n  b. any entity operated by a New York state or federal agency,\npolitical subdivision, municipal corporation, or local government agency\nor unit pursuant to authority granted by law, including but not limited\nto any entity operated by the office of mental health, the office for\npeople with developmental disabilities, or the office of alcoholism and\nsubstance abuse services under articles seven, thirteen, and nineteen of\nthe mental hygiene law, respectively.\n  5. For the purposes of this section, "professional entity" shall mean\nand include sole proprietorships and any professional services\norganization established pursuant to article fifteen of the business\ncorporation law, article twelve of the limited liability company law and\nsection two and article eight-B of the partnership law.\n
N.Y. PBA Law § 1199-A — New York Code / Act PBA / Article 5 / Title 8-D / Section 1199-A
Definitions
Status: in_force

§ 1199-a. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n  1. "Authority" means the corporation created by section one thousand\none hundred ninety-nine-c of this title.\n  2. "Bonds" means the bonds, notes or other evidences of indebtedness\nissued by the authority pursuant to this title, and the provisions of\nthis title relating to bonds and bondholders shall apply with equal\nforce and effect to notes and noteholders, respectively, unless the\ncontext otherwise clearly requires.\n  3. "Civil service commission" means the civil service commission of\nthe county.\n  4. "Comptroller" means the comptroller of the state.\n  5. "Construction" means the acquisition, erection, building,\nalteration, improvement, increase, enlargement, extension,\nreconstruction, renovation or rehabilitation of a water, sewerage or\nwater and sewerage system, as the case may be; the inspection and\nsupervision thereof; and the engineering, architectural, legal, fiscal\nand economic investigations and studies, surveys, designs, plans,\nworking drawings, specifications, procedures and other actions\npreliminary or incidental thereto.\n  6. "Cost" as applied to any project, includes the cost of\nconstruction, the cost of the acquisition of all property, including\nreal property and other property, both real and personal and improved\nand unimproved, the cost of demolishing, removing or relocating any\nbuildings or structures on lands so acquired, including the cost of\nacquiring any lands to which such buildings or structures may be moved\nor relocated, the cost of all systems, facilities, machinery, apparatus\nand equipment, financing charges, interest prior to, during and after\nconstruction to the extent not paid or provided for from revenues or\nother sources, the cost of engineering and architectural surveys, plans\nand specifications, the cost of consultant and legal services, the cost\nof lease guarantee or bond insurance and the cost of other expenses\nnecessary or incidental to the construction of such project and the\nfinancing of the construction thereof, including the amount authorized\nin the resolution of the authority providing for the issuance of bonds\nto be paid into any reserve or other special fund from the proceeds of\nsuch bonds and the financing of the placing of any project in operation,\nincluding reimbursement to the county, or any municipality, state\nagency, the state, the United States government, or any other person for\nexpenditures that would be costs of the project hereunder had they been\nmade directly by the authority.\n  7. "County" means the county of Rensselaer.\n  8. "County executive" means the county executive of the county.\n  9. "County legislature" means the county legislature of the county.\n  10. "District" means the Rensselaer county water and sewer district\ncreated by section one thousand one hundred ninety-nine-b of this title.\n  11. "Distribution system" means the water facility or facilities\nemployed to deliver water from a transmission facility, or where there\nis no transmission facility, from a supply facility, to the ultimate\nconsumers of such water.\n  12. "Governing body" means the members of the authority constituting\nand acting as the governing body of the authority.\n  13. "Municipality" means any county, city, town, village, improvement\ndistrict under the town law, any other such instrumentality, including\nany agency, or public corporation of the state, or any of the foregoing\nor any combination thereof.\n  14. "Person" means any natural person, partnership, association, joint\nventure or corporation, exclusive of a public corporation.\n  15. "Project" means any water facility, sewerage facility or water and\nsewerage facility.\n  16. "Properties" means the water, sewerage and water and sewerage\nsystem or systems of the authority, whether situated within or without\nthe territorial limits of the district, including the plants, works,\nstructures, instrumentalities or part thereof and appurtenances thereto,\nreal property, water facilities, sewerage facilities or any other\nproperty incidental to and included in such system or systems or part\nthereof, and any improvements, extensions and betterments.\n  17. "Real property" means lands, structures, franchises, rights and\ninterests in land, waters, lands underwater, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute, but also any and all lesser\ninterests including, but not limited to, easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n  18. "Revenues" means all rates, rents, fees, charges, payments and\nother income and receipts derived from the operation of the properties\nof the authority including, without limiting the generality of the\nforegoing, investment proceeds and proceeds of insurance, condemnation,\nand sale or other disposition of assets, together with all federal,\nstate or municipal aid.\n  19. "Sewage" means the water-carried human or animal wastes from\nresidences, buildings, industrial establishments or other places,\ntogether with such groundwater infiltration and surface water as may be\npresent. The admixture with sewage of industrial or other waste also\nshall be considered "sewage" within the meaning of this title.\n  20. "Sewerage facility" or "sewerage facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of collecting, conveying,\npumping, treating, neutralizing, storing and disposing of sewage,\nincluding but not limited to main, trunk, intercepting, connecting,\nlateral, outlet or other sewers, outfalls, pumping stations, treatment\nand disposal plants, groundwater recharge basins, back-flow prevention\ndevices, sludge dewatering or disposal equipment and facilities,\nclarifiers, filters, phosphorus removal equipment and other plants,\nworks, structures, equipment, vehicles, conveyances, contract rights,\nfranchises, approaches, connections, permits, real or personal property\nor rights therein and appurtenances thereto necessary or useful and\nconvenient for the collection, conveyance, pumping, treatment,\nneutralizing, storing and disposing of sewage.\n  21. "State" means the state of New York.\n  22. "State agency" means any state officer, public benefit\ncorporation, department, board, commission, bureau or division, or other\nagency or instrumentality of the state.\n  23. "Supply facility" means a water facility employed to make\ngroundwater or surface water available for delivery into a transmission\nfacility or distribution system.\n  24. "Transmission facility" means a water facility used to carry water\nfrom a supply facility to a distribution system.\n  25. "Water facility" or "water facilities" means any plants,\nstructures and other real and personal property acquired, rehabilitated\nor constructed or planned for the purpose of accumulating, supplying,\ntransmitting, treating or distributing water, including but not limited\nto surface or groundwater reservoirs, basins, dams, canals, aqueducts,\nstandpipes, conduits, pipelines, mains, pumping stations, pumps, water\ndistribution systems, compensating reservoirs, intake stations,\nwaterworks or sources of water supply, wells, purification or filtration\nplants or other treatment plants and works, contract rights, franchises,\napproaches, connections, permits, water meters, rights of flowage or\ndiversion and other plants, structures, equipment, vehicles,\nconveyances, real or personal property or rights therein and\nappurtenances thereto necessary or useful and convenient for the\naccumulation, supply, transmission, treatment or distribution of water.\n
N.Y. EDN Law § 8805 — New York Code / Act EDN / Title 8 / Article 167 / Section 8805
Special provisions
Status: in_force

§ 8805. Special provisions. An individual who meets the requirements\nfor a license as a licensed behavior analyst, pursuant to subdivision\ntwo of section eighty-eight hundred four of this article, or\ncertification as a certified behavior analyst assistant, pursuant to\nsubdivision one of section eighty-eight hundred four of this article,\nexcept for examination, experience and education, and who is certified\nor registered by a national certifying body having certification or\nregistration standards acceptable to the commissioner, may be licensed\nor certified, without meeting additional requirements as to examination,\nexperience and education, provided that such individual submits an\napplication to the department.\n
N.Y. EDN Law § 6606 — New York Code / Act EDN / Title 8 / Article 133 / Section 6606
Definition of practice of dental hygiene
Status: in_force

* § 6606. Definition of practice of dental hygiene.  1. The practice\nof the profession of dental hygiene is defined as the performance of\ndental services which shall include removing calcareous deposits,\naccretions and stains from the exposed surfaces of the teeth which begin\nat the epithelial attachment and applying topical agents indicated for a\ncomplete dental prophylaxis, removing cement, placing or removing rubber\ndam, removing sutures, placing matrix band, providing patient education,\napplying topical medication, placing and exposing diagnostic dental\nX-ray films, performing topical fluoride applications and topical\nanesthetic applications, polishing teeth, taking medical history,\ncharting caries, taking impressions for study casts, placing and\nremoving temporary restorations, administering and monitoring nitrous\noxide analgesia and administering and monitoring local infiltration\nanesthesia, subject to certification in accordance with section\nsixty-six hundred five-b of this article, and any other function in the\ndefinition of the practice of dentistry as may be delegated by a\nlicensed dentist in accordance with regulations promulgated by the\ncommissioner. The practice of dental hygiene may be conducted in the\noffice of any licensed dentist or in any appropriately equipped school\nor public institution but must be done either under the supervision of a\nlicensed dentist or, in the case of a registered dental hygienist\nworking for a hospital as defined in article twenty-eight of the public\nhealth law, pursuant to a collaborative arrangement with a licensed and\nregistered dentist who has a formal relationship with the same hospital\nin accordance with regulations promulgated by the department in\nconsultation with the department of health. Such collaborative\narrangement shall not obviate or supersede any law or regulation which\nrequires identified services to be performed under the personal\nsupervision of a dentist. When dental hygiene services are provided\npursuant to a collaborative agreement, such dental hygienist shall\ninstruct individuals to visit a licensed dentist for comprehensive\nexamination or treatment.\n  2. The commissioner shall promulgate regulations defining the\nfunctions a dental hygienist may perform that are consistent with the\ntraining and qualifications for a license as a dental hygienist.\n  * NB Effective until June 19, 2027\n  * § 6606. Definition of practice of dental hygiene. 1. The practice of\nthe profession of dental hygiene is defined as the performance of dental\nservices which shall include removing calcareous deposits, accretions\nand stains from the exposed surfaces of the teeth which begin at the\nepithelial attachment and applying topical agents indicated for a\ncomplete dental prophylaxis, removing cement, placing or removing rubber\ndam, removing sutures, placing matrix band, providing patient education,\napplying topical medication, placing and exposing diagnostic dental\nX-ray films, performing topical fluoride applications and topical\nanesthetic applications, polishing teeth, taking medical history,\ncharting caries, taking impressions for study casts, placing and\nremoving temporary restorations, administering and monitoring nitrous\noxide analgesia and administering and monitoring local infiltration\nanesthesia, subject to certification in accordance with section\nsixty-six hundred five-b of this article, and any other function in the\ndefinition of the practice of dentistry as may be delegated by a\nlicensed dentist in accordance with regulations promulgated by the\ncommissioner. The practice of dental hygiene may be conducted in the\noffice of any licensed dentist or in any appropriately equipped school\nor public institution but shall be done either under the supervision of\na licensed dentist or may be performed by a registered dental hygienist\ndesignated as a registered dental hygienist, collaborative practice in\ncollaboration with a licensed dentist provided such services are\nperformed in accordance with a written practice agreement and written\npractice protocols to be known as a collaborative practice agreement.\nUnder a collaborative practice agreement, dental hygienists may perform\nall services which are designated in regulation under general\nsupervision without prior evaluation of a dentist or medical\nprofessional and may be performed without supervision in an authorized\nsetting as defined in subdivision four of this section. Such\ncollaborative agreements shall not obviate or supersede any law or\nregulation which requires identified services to be performed under the\npersonal supervision of a dentist.\n  2. The collaborative practice agreement shall:\n  (a) be signed and maintained by the dentist, the dental hygienist and\nauthorized setting;\n  (b) be reviewed annually by the dentist and dental hygienist;\n  (c) include consideration for medically compromised patients, specific\nmedical conditions, and age- and procedure-specific practice protocols,\nincluding, but not limited to recommended intervals for the performance\nof dental hygiene services and a periodicity in which an examination by\na dentist should occur; and\n  (d) be made available to the department and other interested parties\nupon request.\n  3. Before performing services pursuant to a collaborative practice\nagreement, a dental hygienist, collaborative practice shall provide the\npatient with a written statement advising the patient that the dental\nhygiene services provided are not a substitute for a dental examination\nby a licensed dentist. If the dental hygienist makes any referrals to\nthe patient for further procedures, the dental hygienist shall fill out\na referral form and provide a copy of the form to the collaborating\ndentist.\n  4. The performance of services pursuant to a collaborative agreement\nis authorized in the following settings: a hospital as defined in\narticle twenty-eight of the public health law, a voluntary foster care\nagency health facility licensed pursuant to article twenty-nine-I of the\npublic health law, an appropriately equipped school, a federally\nqualified health center, a long-term care facility, a group home\nservicing people with intellectual and developmental disabilities, a\nfacility serving veterans, a temporary housing facility, a prison, a\ndrug treatment facility, a domestic violence shelter, and appropriate\nsettings in which homebound residents are unable to be relocated for\nnecessary treatment.\n  5. A registered dental hygienist, collaborative practice shall have no\nmore than one collaborative agreement with a dentist at one time.\n  6. A dentist shall not have a collaborative agreement with more than\nsix registered dental hygienists, collaborative practice at one time.\nThe department may grant an exception to such limitation for public\nhealth settings on a case-by-case basis.\n  7. A dental hygienist shall file an application with the department to\npractice as a registered dental hygienist, collaborative practice and\npay a fee determined by the department. As a condition of collaborative\npractice, the dental hygienist shall have been engaged in practice for\nthree years with a minimum of four thousand five hundred practice hours\nand shall complete an eight-hour continuing education program that\nincludes instruction in medical emergency procedures, risk management,\ndental hygiene jurisprudence and professional ethics.\n  8. The commissioner shall promulgate regulations defining the\nfunctions a dental hygienist may perform that are consistent with the\ntraining and qualifications for a license as a dental hygienist.\n  * NB Effective June 19, 2027\n
N.Y. EDN Law § 6740 — New York Code / Act EDN / Title 8 / Article 136 / Section 6740
Requirements for license as a physical therapist assistant
Status: in_force

§ 6740. Requirements for license as a physical therapist assistant. a.\nApplication: file an application with the department;\n  b. Education: have received an education including completion of a\ntwo-year college program in a physical therapist assistant program or\nequivalent in accordance with the commissioner's regulations;\n  c. Experience: have experience satisfactory to the state board for\nphysical therapy in accordance with the commissioner's regulations;\n  c-1. Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  d. Age: be at least eighteen years of age;\n  e. Character: be of good moral character as determined by the\ndepartment;\n  f. Registration: all licensed physical therapist assistants shall\nregister triennially with the department in accordance with the\nregulations of the commissioner;\n  g. Fees: pay a fee for an initial license of forty-five dollars, and\nfor the biennial registration period ending December thirty-first,\nnineteen hundred eighty-two a fee of twenty dollars and a fee of fifty\ndollars for each triennial registration period.\n
N.Y. PBA Law § 1176 — New York Code / Act PBA / Article 5 / Title 8 / Section 1176
Definitions
Status: in_force

§ 1176. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context,\n  1. The term "authority" shall mean the corporation created by section\neleven hundred seventy-seven of this title;\n  2. The term "city" shall mean the city of Buffalo;\n  3. The term "bonds" shall mean the bonds, notes, interim certificates\nand other obligations issued by the authority pursuant to this title;\n  4. The term "board" shall mean the members of the authority;\n  5. The term "comptroller" shall mean the comptroller of the city;\n  6. The term "treasurer" shall mean the treasurer of the city;\n  7. The term "charter" shall mean the charter of the city enacted by\nthe electors of the city at a special election held on the twenty-ninth\nday of August, nineteen hundred twenty-seven, as amended;\n  8. The term "project" shall mean a system of trunk, intercepting and\nconnecting, lateral and outlet sewers, storm water drains, pumping and\nventilating stations, disposal or treatment plants or works, and other\nappliances and structures, which in the judgment of the authority will\nprovide an effectual and advantageous means for relieving the Niagara\nriver, Buffalo river and Lake Erie from pollution by the sewage and\nwaste of the city and relieving the city from inadequate sanitary and\nstorm water drainage and for the sanitary disposal or treatment of the\nsewage thereof, or such sections or parts of such system as the\nauthority may from time to time deem it proper or convenient to\nconstruct, consistent with the plan or purpose of this title;\n  9. The term "existing sewer system" shall mean all sewers, including,\nwithout limitation, trunk, intercepting, connecting, lateral and other\nsewers, storm water drains, pumping stations, disposal or treatment\nplants or works, structures, appliances, equipment and other adjuncts\nthereto, comprising the entire system of sewerage owned by the city at\nthe time of the filing with the common council of the city and with the\nsecretary of the state of New York of a certificate of completion of the\nproject as provided in section eleven hundred seventy-nine of this\ntitle;\n  10. The term "facilities" shall include the project and, from and\nafter the filing with the common council of the city and the secretary\nof state of the state of New York of the certificate of completion of\nthe project, as provided in section eleven hundred seventy-nine of this\ntitle, the existing sewer system.\n  11. The term "attorney general" shall mean the attorney general of the\nstate of New York.\n  12. The term "general manager" shall mean the general manager of the\nBuffalo sewer authority.\n  13. The term "hazardous substance" shall mean any substance which:\n  a. is identified or listed as a hazardous waste or acute hazardous\nwaste in regulation promulgated pursuant to section 27-0903 of the\nenvironmental conservation law and all amendments thereto, regardless of\nwhether at the time of release the substance was actually a waste; or\n  b. appears on the list of substances hazardous or acutely hazardous to\npublic health, safety or the environment in regulation promulgated\npursuant to paragraphs (a) and (b) of subdivision one of section 37-0103\nof the environmental conservation law and all amendments thereto.\n  14. The term "person" shall mean any individual, public or private\ncorporation, political subdivision, government agency, department or\nbureau of the state or federal government, municipality, co-partnership,\nassociation, firm, trust, estate or any other legal entity whatsoever\n(including directors, officers or agents thereof), or combination of\npersons. The masculine gender shall include the feminine, the singular\nshall include the plural where indicated by the context.\n  15. The term "pollutant" shall mean any liquid, solid or gaseous\nsubstance, or combination thereof, which may cause an impairment\n(reduction) of water quality to a degree that has an adverse effect on\nany beneficial use of the water, including but not limited to hazardous\nsubstances.\n  16. The term "effluent source" shall mean a source of introduction of\nany waste into the facilities or any sewer system connected to the\nfacilities.\n  17. The term "discharge" shall mean any introduction of waste into the\nfacilities from any effluent source.\n  18. The term "sewer system" shall mean pipelines or conduits, pumping\nstations, and force mains and all other constructions, devices, and\nappliances appurtenant thereto, wherever located, used for conducting\nsewage, industrial waste or other waste into or through the facilities\nof the authority to a point of ultimate disposal.\n  19. The term "domestic sewage" shall mean a combination of wastes from\nthe non-commercial preparation, cooking, and handling of food; human\nbodily wastes and similar matter from sanitary conveniences in\ndwellings, commercial buildings, industrial buildings and institutions;\nor any other wastes from non-commercial, non-industrial or\nnon-institutional activities.\n  20. The term "domestic user" shall mean any user not covered under the\ndefinition of "industrial user".\n  21. The term "industrial user" shall mean a person who discharges\nindustrial waste.\n  22. The term "industrial waste" shall mean any liquid, solid, or\ngaseous substance, or combination thereof, resulting from any process of\nindustrial, commercial, governmental and institutional concerns,\nmanufacturing, business, trade, or research, including the development,\nrecovery, or processing of natural resources, or from sources other than\nthose described as domestic sewage. Groundwater and surface runoff may\nbe considered to be industrial waste if contaminated with industrial\nprocess chemical constituents.\n  23. The term "sewage" shall mean any combination of wastes from\nresidences, business buildings, institutions and industrial\nestablishment, together with such ground, surface and stormwaters as may\nbe present.\n  24. The term "waste" shall mean any liquid, solid or gaseous\nsubstance, or combination thereof, that may be introduced into a sewer\nsystem.\n  25. The term "user" shall mean any person who directly or indirectly\ncontributes, causes or permits the contribution of waste into the sewer\nsystem and into or through the authority's facilities.\n
N.Y. PBA Law § 1199-CCCC*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-CCCC*2
Livingston county water and sewer authority
Status: in_force

* § 1199-cccc. Livingston county water and sewer authority. 1. A\npublic corporation known as the "Livingston county water and sewer\nauthority" is hereby created for the public purposes and charged with\nthe duties and having the powers provided in this title. The authority\nshall be a corporate governmental agency constituting a public benefit\ncorporation and shall be a "public district" for the purposes of section\neighty-nine-l of the public service law. The authority shall be governed\nby a board consisting of seven members, who shall be residents of the\ncounty and be appointed by resolution of the board of supervisors. The\nfirst members appointed shall be appointed for the following terms: two\nfor a term ending on December thirty-first of the year following the\nyear in which this title shall have become law; two for a term ending on\nDecember thirty-first of the second year following the year in which\nthis title shall have become law; and three for a term ending on\nDecember thirty-first of the third year following the year in which this\ntitle shall have become law. Subsequent appointment of members shall be\nmade in the same manner and for terms of three years ending in each case\non December thirty-first of the last year of such term. All members\nshall continue to hold office until their successors are appointed and\nhave qualified. Vacancies shall be filled in the manner provided for\noriginal appointment. Vacancies occurring otherwise than by expiration\nof terms of office, shall be filled by appointment for the unexpired\nterms. Members may be removed from office for the same reasons and in\nthe same manner as may be provided by law for the removal of officers of\nthe county. In addition, members may be removed from office by the board\nof supervisors for inefficiency, neglect of duty or misconduct in\noffice, after the board of supervisors has given such member a copy of\nthe charges against him and opportunity to be heard in person or by\ncounsel in his defense, upon not less than ten days notice. If a member\nfails to attend three consecutive regular meetings of the authority,\nunless such absence is for good cause and is excused by the chairperson\nof the authority or other presiding officers, or in the case of the\nchairperson of the authority, by the chairman of the board of\nsupervisors, the office may be deemed vacant for purposes of the\nnomination and appointment of a successor. The officers of the authority\nshall receive from the authority such salary, if any, as shall be\ndetermined from time to time by the board of supervisors. In addition,\nmembers and officers shall be entitled to reimbursement of their actual\nand necessary expenses, including travel expenses, incurred in the\ndischarge of their duties.\n  2. The powers of the authority shall be vested in and shall be\nexercised by the board at a meeting duly called and held where a quorum\nof four members is present. No action shall be taken by the authority\nexcept pursuant to the favorable vote of at least four members. The\nboard may delegate to one or more of its members, or to one or more of\nthe officers, agents or employees of the authority, such powers and\nduties as it may deem proper.\n  3. The officers of the authority shall consist of a chairperson, vice\nchairperson, and treasurer who shall be members of the board and a\nsecretary who need not be a member of the board. The officers of the\nauthority shall be appointed by the board and shall serve in such\ncapacities at the pleasure of the board. In addition, the board may\nappoint and at its pleasure remove such additional officers and\nemployees as it may determine necessary for the performance of the\npowers and duties of the authority and fix and determine the\nqualifications, duties and compensation of such additional officers and\nemployees, subject to the provisions of the civil service law of the\nstate and such rules as the civil service commission may adopt and make\napplicable to the authority. The authority may also from time to time\ncontract for expert professional services. The treasurer shall execute a\nbond, conditioned upon the faithful performance of the duties of his or\nher office, the amount and sufficiency of which shall be approved by the\nboard, and the premium therefor shall be paid by the authority.\n  4. Notwithstanding any inconsistent provision of any general, special\nor local law, ordinance, resolution or charter, no officer, member or\nemployee of the state, any municipality, or any public benefit\ncorporation, shall forfeit his or her office or employment by reason of\nhis or her acceptance of appointment as a member, officer, agent or\nemployee of the authority, nor shall service as such member, officer,\nagent or employee be deemed incompatible or in conflict with such\noffice, membership or employment, and one or more members of the board\nof supervisors may be appointed to serve as a member of the authority.\n  5. (a) The chairman of the board of supervisors shall file within one\nyear after the effective date of this title, in the office of the\nsecretary of state, a certificate signed by the chairman of the board of\nsupervisors setting forth: (i) the name of the authority; (ii) the names\nof the initial members of the board and their terms of office; and (iii)\nthe effective date of this title. If such certificate is not filed with\nthe secretary of state on or before such date, then the corporate\nexistence of the authority shall thereupon terminate and it shall\nthereupon be deemed to be and shall be dissolved.\n  (b) Except as provided in paragraph (a) of this subdivision, the\nauthority and its corporate existence shall continue until terminated by\nlaw, provided, however, that no such law shall take effect so long as\nthe authority shall have bonds or other obligations outstanding unless\nadequate provision has been made for the payment or satisfaction\nthereof. Upon termination of the existence of the authority, all of the\nrights and properties of the authority then remaining shall pass to and\nvest in the county.\n  6. Neither the public service commission nor any other board or\ncommission of like character, shall have jurisdiction over the authority\nin the management and control of its properties or operations of any\npower over the regulation of rates fixed or charges collected by the\nauthority.\n  7. It is hereby determined and declared that the authority and the\ncarrying out of its powers, purposes and duties are in all respects for\nthe benefit of the people of the county and the state, for the\nimprovement of their health, welfare and prosperity and that such\npurposes are public purposes and that the authority is and will be\nperforming an essential governmental function in the exercise of the\npowers conferred upon it by this title.\n  8. Nothing in this title shall be construed to obligate the state in\nany way in connection with the operations or obligations of the\nauthority.\n  * NB There are 2 § 1199-cccc's\n
N.Y. PBA Law § 1199-WWWW*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-WWWW*2
Separability clause
Status: in_force

* § 1199-wwww. Separability clause. If any section, clause or\nprovision in this title shall be held by a competent court to be\nunconstitutional or ineffective in whole or in part, to the extent that\nit is not unconstitutional or ineffective, it shall be valid and\neffective, and no other section, clause or provision shall on account\nthereof be deemed invalid or ineffective.\n  * NB There are 2 § 1199-wwww's\n
N.Y. EDN Law § 7211 — New York Code / Act EDN / Title 8 / Article 145 / Section 7211
Mandatory continuing education for professional engineers, land surveyors and professional geologists
Status: in_force

§ 7211. Mandatory continuing education for professional engineers,\nland surveyors and professional geologists. 1. (a) Each licensed\nprofessional required under this article to register triennially with\nthe department to practice in this state shall comply with provisions of\nthe mandatory continuing education requirements prescribed in\nsubdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Licensed professionals who do not satisfy\nthe mandatory continuing education requirements shall not practice until\nthey have met such requirements, and have been issued a registration\ncertificate, except that a licensed professional may practice without\nhaving met such requirements if he or she is issued a conditional\nregistration certificate pursuant to subdivision three of this section.\nFor purposes of this section the term "licensed professional" shall mean\nany individual licensed under this article as a professional engineer,\nland surveyor or professional geologist.\n  (b) Licensed professionals shall be exempt from the mandatory\ncontinuing education requirement for the triennial registration period\nduring which they are first licensed. In accordance with the intent of\nthis section, adjustment to the mandatory continuing education\nrequirement may be granted by the department for reasons of health\ncertified by an appropriate health care professional, for extended\nactive duty with the armed forces of the United States, or for other\ngood cause acceptable to the department which may prevent compliance.\n  (c) A licensed professional not engaged in practice as determined by\nthe department shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of his or her\nprofession during the triennial registration period shall notify the\ndepartment prior to reentering the profession and shall meet such\nmandatory education requirements as shall be prescribed by regulations\nof the commissioner.\n  (d) Professional engineers directly employed on a full time basis by\nthe state of New York, its agencies, public authorities, public benefit\ncorporations or local governmental units prior to January first, two\nthousand four and who are represented by a collective bargaining unit or\nwho are designated managerial or confidential pursuant to article\nfourteen of the civil service law, at all times when so employed shall\nbe deemed to have satisfied the continuing education requirements of\nthis section, provided however that any such licensees who thereafter\nleave such employment and enter the practice of professional engineering\nin other capacities in New York, or otherwise engage in such practice,\nshall satisfy the requirements of this section in such manner as shall\nbe prescribed by regulations of the commissioner.\n  (e) Professional geologists directly employed on a full-time basis by\nthe state of New York, its agencies, public authorities, public benefit\ncorporations or local governmental units prior to January first, two\nthousand twenty-two and who are represented by a collective bargaining\nunit or who are designated managerial or confidential pursuant to\narticle fourteen of the civil service law, at all times when so employed\nshall be deemed to have satisfied the continuing education requirements\nof this section, provided however that any such licensees who thereafter\nleave such employment and enter the practice of professional geology in\nother capacities in New York, or otherwise engage in such practice,\nshall satisfy the requirements of this section in such manner as shall\nbe prescribed by regulations of the commissioner.\n  2. During each triennial registration period an applicant for\nregistration as a professional engineer and/or a professional geologist\nshall complete a minimum of thirty-six hours of acceptable continuing\neducation and an applicant for registration as a land surveyor shall\ncomplete a minimum of twenty-four hours of acceptable continuing\neducation as specified in subdivision four of this section. Any\nprofessional geologist whose first registration date following the\neffective date of the chapter of the laws of two thousand twenty which\namended this section occurs less than three years from such effective\ndate, but on or after January first, two thousand twenty-three, shall\ncomplete continuing education hours on a prorated basis at the rate of\none hour per month for the period beginning January first, two thousand\ntwenty-two up to the first registration date thereafter. A licensee who\nhas not satisfied the mandatory continuing education requirements shall\nnot be issued a triennial registration certificate by the department and\nshall not practice unless and until a conditional registration\ncertificate is issued as provided for in subdivision three of this\nsection. With the exception of continuing education hours taken during\nthe registration period immediately preceding the effective date of this\nsection, no more than six continuing education hours taken during one\ntriennium may be transferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices a licensed profession without such\nregistration, may be subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities in\narchitecture, engineering, interior design, land surveying, landscape\narchitecture and geology that may contribute to professional practice in\nprofessional engineering, land surveying and/or geology and which meet\nthe standards prescribed by regulations of the commissioner. Completing\ncourses of learning and educational activities that fall within the\nscope of practice of another licensed profession does not authorize the\nlicensed professional engineer, licensed land surveyor or licensed\nprofessional geologist to lawfully practice a profession that they are\nnot authorized to practice as defined in sections seventy-two hundred\none, seventy-two hundred three and seventy-two hundred four of this\ntitle. The department may, in its discretion and as needed to contribute\nto the health and welfare of the public, require the completion of\ncontinuing education courses in specific subjects.\n  5. Licensed professionals shall maintain adequate documentation of\ncompletion of acceptable continuing education and educational activities\nand shall provide such documentation at the request of the department.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fees required by sections seventy-two hundred six,\nseventy-two hundred six-a, and seventy-two hundred six-b of this\narticle.\n
N.Y. EDN Law § 8500 — New York Code / Act EDN / Title 8 / Article 164 / Section 8500
Introduction
Status: in_force

§ 8500. Introduction.  This article applies to the practice of\nrespiratory therapy and provides for the licensing of respiratory\ntherapists and respiratory therapy technicians. The general provisions\nfor all professions contained in article one hundred thirty of this\ntitle shall apply to this article.\n
N.Y. EDN Law § 7308 — New York Code / Act EDN / Title 8 / Article 147 / Section 7308
Mandatory continuing education for architects
Status: in_force

§ 7308. Mandatory continuing education for architects. 1. (a) Each\nlicensed architect required under this article to register triennially\nwith the department to practice in the state shall comply with\nprovisions of the mandatory continuing education requirements prescribed\nin subdivision two of this section except as set forth in paragraphs (b)\nand (c) of this subdivision. Architects who do not satisfy the mandatory\ncontinuing education requirements shall not practice until they have met\nsuch requirements, and have been issued a registration certificate,\nexcept that an architect may practice without having met such\nrequirements if he or she is issued a conditional registration\ncertificate pursuant to subdivision three of this section.\n  (b) In accord with the intent of this section, an adjustment and/or\nexemption to the mandatory continuing education requirement may be\ngranted by the department for reasons of health certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed architect not engaged in practice as determined by the\ndepartment, shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the practice of architecture\nduring the triennial registration period shall notify the department\nprior to reentering the profession and shall meet such mandatory\neducation requirements as shall be prescribed by regulations of the\ncommissioner.\n  2. During each triennial registration period an applicant for\nregistration shall complete a minimum of thirty-six hours of acceptable\ncontinuing education, as specified in subdivision four of this section,\nprovided that a minimum of twenty-four hours of such continuing\neducation shall be in the areas of health, safety and welfare. Any\narchitect whose first registration date following the effective date of\nthis section occurs less than three years from such effective date, but\non or after January first, two thousand one, shall complete continuing\neducation hours on a prorated basis at the rate of one hour per month\nfor the period beginning January first, two thousand up to the first\nregistration date thereafter. A licensee who has not satisfied the\nmandatory continuing education requirements shall not be issued a\ntriennial registration certificate by the department and shall not\npractice unless and until a conditional registration certificate is\nissued as provided for in subdivision three of this section. With the\nexception of continuing education hours taken during the registration\nperiod immediately preceding the effective date of this section, no more\nthan six continuing education hours taken during one triennium may be\ntransferred to a subsequent triennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and complete any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\nsubmit evidence, satisfactory to the department, of required continuing\neducation and who practices architecture without such registration, may\nbe subject to disciplinary proceedings pursuant to section sixty-five\nhundred ten of this title.\n  4. As used in subdivision two of this section, "acceptable continuing\neducation" shall mean courses of learning and educational activities in\narchitecture, engineering, interior design, land surveying, landscape\narchitecture and geology that may contribute to professional practice in\narchitecture and which meet the standards prescribed by regulations of\nthe commissioner. Completing courses of learning and educational\nactivities that fall within the scope of practice of another licensed\nprofession does not authorize the licensed architect to lawfully\npractice a profession that they are not authorized to practice as\ndefined in section seventy-three hundred one of this article. The\ndepartment may, in its discretion and as needed to contribute to the\nhealth and welfare of the public, require the completion of continuing\neducation courses in specific subjects.\n  5. Architects shall maintain adequate documentation of completion of\nacceptable continuing education and educational activities and shall\nprovide such documentation at the request of the department.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be paid in addition to the triennial\nregistration fee required by section seventy-three hundred four of this\narticle.\n
N.Y. PBA Law § 1198-Q — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-Q
Construction and purchase contracts
Status: in_force

§ 1198-q. Construction and purchase contracts. The authority shall let\ncontracts for construction or purchase of supplies, materials, or\nequipment pursuant to sections one hundred one and one hundred three of\nthe general municipal law. Nothing in this section shall be construed to\nlimit the power of the authority to do any construction directly by the\nofficers, agents and employees of the authority or to contract with a\npublic utility, for a term not to exceed five years, for the operation\nand maintenance of a water supply system acquired from said public\nutility.\n
N.Y. PBA Law § 711 — New York Code / Act PBA / Article 3 / Title 8 / Section 711
Agreements of the state
Status: in_force

§ 711. Agreements of the state. 1. The state of New York does pledge\nto and agree with the holders of bonds issued pursuant to this title\nthat the state will not limit or alter the rights hereby vested in the\nauthority to construct, maintain, reconstruct and operate the bridge, to\nestablish and collect charges and tolls and to fulfill the terms of any\nagreements made with the holders of the bonds, or in any way impair the\nrights and remedies of the bondholders, until the bonds, together with\ninterest thereon, with interest on any unpaid installments of interest,\nand all costs and expenses in connection with any action or proceeding\nby or on behalf of the bondholders, are fully met and discharged.\n  2. The state of New York does covenant and agree with the holders of\nbonds issued pursuant to this title that, except for structures\nconstructed in connection with the development of the Saint Lawrence\nseaway or of hydro-electric power, no tunnel, bridge, parkway, causeway,\nroad, highway or other connection for vehicular traffic except for ferry\ntransportation which will be competitive with the bridge herein\nauthorized will be constructed or maintained until the bonds, together\nwith interest thereon, with interest on any unpaid installments of\ninterest, and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders are fully met and\ndischarged; provided that a tunnel, bridge, parkway, causeway, road,\nhighway or other connection for vehicular traffic shall be considered as\ncompetitive only if it shall form a connection for vehicular traffic\nbetween the state of New York and the province of Ontario, Canada,\nacross the Saint Lawrence river within a distance of twenty-five miles\nfrom the bridge herein authorized.\n
N.Y. EDN Law § 8206 — New York Code / Act EDN / Title 8 / Article 159 / Section 8206
Requirements for a professional license
Status: in_force

§ 8206. Requirements for a professional license.  To qualify for a\nlicense as a speech-language pathologist or audiologist, an applicant\nshall fulfill the following requirements.\n  (1) Application: file an application with the department;\n  (2) Education: have obtained at least a Masters degree in\nspeech-language pathology and/or audiology or its equivalent, as\ndetermined by the department, in accordance with the commissioner's\nregulations;\n  (3) Experience: have experience satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (4) Examination: pass an examination satisfactory to the board and in\naccordance with the commissioner's regulations;\n  (5) Age: be at least twenty-one years of age;\n  (6) Character: be of good moral character as determined by the\ndepartment; and\n  (7) Fees: pay a fee of one hundred forty dollars to the department for\nadmission to a department conducted examination and for an initial\nlicense, a fee of seventy dollars for each reexamination, a fee of one\nhundred fifteen dollars for an initial license for persons not requiring\nadmission to a department conducted examination, and a fee of one\nhundred fifty-five dollars for each triennial registration period.\n
N.Y. SOS Law § 447-A — New York Code / Act SOS / Article 6 / Title 8-A / Section 447-A
Definitions
Status: in_force

§ 447-a. Definitions. As used in this title:\n  1. The term "sexually exploited child" means any person under the age\nof eighteen who has been subject to sexual exploitation because he or\nshe:\n  (a) is the victim of the crime of sex trafficking as defined in\nsection 230.34 of the penal law or the crime of sex trafficking of a\nchild as defined in section 230.34-a of the penal law;\n  (b) engages in any act as defined in section 230.00 of the penal law;\n  (c) is a victim of the crime of compelling prostitution as defined in\nsection 230.33 of the penal law;\n  (d) engages in acts or conduct described in article two hundred\nsixty-three of the penal law.\n  2. The term "short-term safe house" means a residential facility\noperated by an authorized agency as defined in subdivision ten of\nsection three hundred seventy-one of this article including a\nresidential facility operating as part of a runaway and homeless youth\ncrisis services program as defined in subdivision four of section five\nhundred thirty-two-a of the executive law or a not-for-profit agency\nwith experience in providing services to sexually exploited youth and\napproved in accordance with the regulations of the office of children\nand family services that provides emergency shelter, services and care\nto sexually exploited children including food, shelter, clothing,\nmedical care, counseling and appropriate crisis intervention services at\nthe time they are taken into custody by law enforcement and for the\nduration of any legal proceeding or proceedings in which they are either\nthe complaining witness or the subject child. The short-term safe house\nshall also be available at the point in time that a child under the age\nof eighteen has first come into the custody of juvenile detention\nofficials, law enforcement, local jails or the local commissioner of\nsocial services or is residing with the local runaway and homeless youth\nauthority.\n  3. The term "advocate" means an employee of the short-term safe house\ndefined in subdivision two of this section that has been trained to work\nwith and advocate for the needs of sexually exploited children. The\nadvocate shall accompany the child to all court appearances and will\nserve as a liaison between the short-term safe house and the court.\n  4. The term "safe house" means a residential facility operated by an\nauthorized agency as defined in subdivision ten of section three hundred\nseventy-one of this article including a residential facility operating\nas part of an approved runaway program as defined in subdivision four of\nsection five hundred thirty-two-a of the executive law or a\nnot-for-profit agency with experience in providing services to sexually\nexploited youth and approved in accordance with the regulations of the\noffice of children and family services that provides shelter for\nsexually exploited children. In addition, a long-term safe house may be\noperated by a transitional independent living support program as defined\nin subdivision six of section five hundred thirty-two-a of the executive\nlaw. A safe house serving sexually exploited children as defined in this\ntitle shall provide or assist in securing necessary services for such\nsexually exploited children either through direct provision of services,\nor through written agreements with other community and public agencies\nfor the provision of services including but not limited to housing,\nassessment, case management, medical care, legal, mental health and\nsubstance and alcohol abuse services. Where appropriate such safe house\nin accordance with a service plan for such sexually exploited child may\nalso provide counseling and therapeutic services, educational services\nincluding life skills services and planning services to successfully\ntransition residents back to the community. Nothing in the provisions of\nthis title or article nineteen-H of the executive law shall prevent a\nchild who is the subject of a proceeding which has not reached final\ndisposition from residing at the safe house for the duration of that\nproceeding nor shall it prevent any sexually exploited child who is not\nthe subject of a proceeding from residing at the safe house. An advocate\nemployed by a short-term safe house or other appropriate staff of a\nshort-term safe house shall, to the maximum extent possible, preferably\nwithin twenty-four hours but within no more than seventy-two hours\nfollowing a sexually exploited child's admission into the program other\nthan pursuant to a court order, notify such child's parent, guardian or\ncustodian of his or her physical and emotional condition and the\ncircumstances surrounding the child's presence at the program, unless\nthere are compelling circumstances why the parent, guardian or custodian\nshould not be so notified. Where such circumstances exist, the advocate\nor other appropriate staff member shall either file an appropriate\npetition in the family court, refer the youth to the local social\nservices district, or in instances where abuse or neglect is suspected,\nreport such case pursuant to title six of this article.\n  5. The term "community-based program" means a program operated by a\nnot-for-profit organization that provides services such as street\noutreach, voluntary drop-in services, peer counseling, individual\ncounseling, family-therapy and referrals for services such as\neducational and vocational training and health care. Any such\ncommunity-based program may also work with the safe house serving\nsexually exploited children as defined in this title to provide\ntransitional services to such children returning to the community.\n
N.Y. PBA Law § 1199-VVVV*2 — New York Code / Act PBA / Article 5 / Title 8-G* / Section 1199-VVVV*2
Governmental capacity of the authority and municipalities
Status: in_force

* § 1199-vvvv. Governmental capacity of the authority and\nmunicipalities. The authority, the county and the other municipalities,\nin carrying out their respective powers and duties under this title,\nshall be deemed to be acting in a governmental capacity and in the\nperformance of an essential governmental function.\n  * NB There are 2 § 1199-vvvv's\n
N.Y. EDN Law § 6554-A — New York Code / Act EDN / Title 8 / Article 132 / Section 6554-A
Mandatory continuing education for chiropractors
Status: in_force

§ 6554-a. Mandatory continuing education for chiropractors. 1. (a)\nEach chiropractor licensed pursuant to this article, required to\nregister triennially with the department to practice in this state,\nshall comply with the provisions of the mandatory continuing education\nrequirements, except as set forth in paragraphs (b) and (c) of this\nsubdivision.  Chiropractors who do not satisfy the mandatory continuing\neducation requirements shall not practice until they have met such\nrequirements and have been issued a registration or conditional\nregistration certificate.\n  (b) Chiropractors shall be exempt from the mandatory continuing\neducation requirement for the triennial registration period during which\nthey are first licensed. In accordance with the intent of this section,\nadjustments to the mandatory continuing education requirement may be\ngranted by the department for reasons of health, certified by an\nappropriate health care professional, for extended active duty with the\narmed forces of the United States, or for other good cause acceptable to\nthe department which may prevent compliance.\n  (c) A licensed chiropractor not engaged in chiropractic practice as an\nindividual practitioner, a partner or a partnership, a shareholder of a\nprofessional service corporation, as an employee of such practice units,\nor as an employee of a facility operating pursuant to article\ntwenty-eight of the public health law, or as otherwise determined by the\ndepartment, shall be exempt from the mandatory continuing education\nrequirement upon the filing of a statement with the department declaring\nsuch status. Any licensee who returns to the public practice of\nchiropractic during the triennial registration period shall notify the\ndepartment prior to reentering the profession and shall meet such\nmandatory continuing education requirements as shall be promulgated by\nregulation of the commissioner in consultation with the board.\n  (d) Nothing in this section shall be construed as enabling or\nauthorizing the department or state board for chiropractic to require or\nimplement continuing competency testing or continued competency\ncertification for chiropractors.\n  2. During each triennial registration period an applicant for\nregistration shall complete thirty-six hours of acceptable formal\ncontinuing education, a maximum of twelve hours of which may be\nself-instructional coursework as approved by the department in\nconsultation with the board. Any chiropractor whose first registration\ndate following the effective date of this section occurs less than three\nyears from such effective date, but on or after January first, two\nthousand four, shall complete continuing education hours on a prorated\nbasis at the rate of one hour per month for the period beginning January\nfirst, two thousand four up to the first registration date thereafter. A\nlicensee who has not satisfied the mandatory continuing education\nrequirements shall not be issued a triennial registration certificate by\nthe department and shall not practice unless and until a conditional\nregistration certificate is issued as provided in subdivision three of\nthis section. The individual licensee shall determine the selection of\ncourses or programs of study pursuant to subdivision four of this\nsection. Continuing education hours taken during one triennium may not\nbe carried over or otherwise credited or transferred to a subsequent\ntriennium.\n  3. The department, in its discretion, may issue a conditional\nregistration to a licensee who fails to meet the continuing education\nrequirements established in subdivision two of this section but who\nagrees to make up any deficiencies and take any additional education\nwhich the department may require. The fee for such a conditional\nregistration shall be the same as, and in addition to, the fee for the\ntriennial registration. The duration of such conditional registration\nshall be determined by the department but shall not exceed one year. Any\nlicensee who is notified of the denial of registration for failure to\ncomplete the required continued education and who continues to practice\nchiropractic without such registration may be subject to disciplinary\nproceedings pursuant to section sixty-five hundred ten of this title.\n  4. As used in this section, "acceptable formal continuing education"\nshall mean formal programs of learning which are sponsored or presented\nby a New York state chiropractic professional organization, national\nchiropractic professional organization or higher educational\ninstitution, and which meet the following requirements: contain subject\nmatter which contributes to the enhancement of professional and clinical\nskills of the chiropractor and is approved as acceptable continuing\neducation by a chiropractic college recognized by the Commission on\nAccreditation of the Council of Chiropractic Education to fulfill the\nmandatory continuing education requirements, and which meets the\nstandards prescribed by regulations of the commissioner in consultation\nwith the board to fulfill the mandatory continuing education\nrequirement.\n  5. Chiropractors shall certify at each triennial registration as to\nhaving satisfied the mandatory continuing education requirements of this\nsection, shall maintain adequate documentation of completion of\nacceptable formal continuing education to support such certification and\nshall provide such documentation to the department upon request. Failure\nto provide such documentation upon request of the department shall be an\nact of misconduct subject to disciplinary proceedings pursuant to\nsection sixty-five hundred ten of this title.\n  6. The mandatory continuing education fee shall be forty-five dollars,\nshall be payable on or before the first day of each triennial\nregistration period, and shall be in addition to the triennial\nregistration fee required by section sixty-five hundred fifty-four of\nthis article.\n
N.Y. EDN Law § 7408 — New York Code / Act EDN / Title 8 / Article 149 / Section 7408
Special provisions
Status: in_force

§ 7408. Special provisions. 1. Nothing contained in this article shall\nbe deemed to prohibit one or more certified public accountants or one or\nmore public accountants, or any combination thereof, from forming a\nfirm.\n  2. No firm shall use the words "certified public accountant" or\n"certified public accountants" or the letters "CPA" or "CPAs" in\nconnection with its name unless the sole proprietor of such firm or each\npartner of a partnership or limited liability partnership, member of a\nlimited liability company or shareholder of a professional service\ncorporation engaged within the United States in the practice of public\naccountancy is in good standing as a certified public accountant of one\nor more of the states of the United States.\n  3. a. Any firm that is established for the business purpose of\nlawfully engaging in the practice of public accountancy pursuant to\nsubdivisions one and two of section seventy-four hundred one of this\narticle or uses the title "CPA" or "CPA firm" or the title "PA" or "PA\nfirm" must register with the department. A firm of certified public\naccountants or public accountants engaged in the practice of public\naccountancy pursuant to subdivision three of section seventy-four\nhundred one of this article, but not engaged in the practice of public\naccountancy pursuant to subdivisions one and two of section seventy-four\nhundred one of this article, may register with the department under this\nsubdivision. As a condition of registration or renewal, the firm shall\naffirm that it has not violated the provisions of this article, any\nother applicable laws and such other requirements as the department may\nimpose, consistent with this article, except that the provisions of\nsection seventy-four hundred ten of this article shall not apply on\ninitial registration.\n  b. A registration shall be issued to a firm upon payment of the fee\nprescribed by the commissioner upon application showing that:\n  (1) At least one partner of a partnership or limited liability\npartnership, member of a limited liability company or shareholder of a\nprofessional service corporation or the sole proprietor is licensed or\notherwise authorized to practice under this article and his or her\nlicense to practice is not currently suspended, annulled or revoked in\nany jurisdiction and he or she is regularly engaged in practice on\nbehalf of the firm within the state or, in the case of a firm that holds\na license, registration, or permit as a firm of certified public\naccountants in another state and is required to register in this state,\nan individual with practice privileges under subdivision two of section\nseventy-four hundred six of this article;\n  (2) The firm, other than a sole proprietorship, consists of at least\ntwo present partners, members or shareholders;\n  (3) The firm, other than a sole proprietorship, contains at least as\nmany present partners, members or shareholders as the total number of\nnames in the firm name, or, where the word "company" or abbreviation\n"co." is used, the number of present partners, members or shareholders\nshall be greater than the number of names in the firm name;\n  (4) Such application includes a list of the location of all offices\nwithin this state, including the names of the persons in charge of such\noffices; and\n  (5) Such application includes a list of all states in which the firm\nhas applied for or holds registrations, licenses, or permits as a public\naccounting firm and a list of any past denial, revocation, or suspension\nof a license, registration or permit by any other state or jurisdiction\nwithin the last three years.\n  c. In addition to authority granted under any other provision of law,\nthe board of regents may revoke such registration or take other action\npursuant to a consent order or surrender of registration in accordance\nwith this title and the rules of the board of regents, in the same\nmanner and to the same extent as is provided with respect to individuals\nlicensed pursuant to this article, or pursuant to a settlement in which\nthe firm neither admits nor denies the allegations of professional\nmisconduct, or after a hearing conducted in accordance with the\nprovisions of section sixty-five hundred ten of this title upon proof:\n  (1) That the registration was obtained by either misrepresentation or\nsuppression of any material fact;\n  (2) That the license or authorization to practice of any sole\nproprietor, partner of a partnership or limited liability partnership,\nmember of a limited liability company or shareholder of a professional\nservice corporation is suspended, annulled or revoked in any\njurisdiction;\n  (3) That any sole proprietor, partner of a partnership or limited\nliability partnership, member of a limited liability company or\nshareholder of a professional service corporation in such firm is or has\nbeen engaged in the practice of public accountancy in this state who is\nnot licensed or otherwise authorized to practice in this state;\n  (4) That the firm failed to file the written notification required\npursuant to paragraph e of this subdivision;\n  (5) That the firm failed to undergo a peer review of its attest\nservices pursuant to section seventy-four hundred ten of this article at\nleast once every three years; or\n  (6) That the firm has engaged in professional misconduct pursuant to\nsection sixty-five hundred nine of this title.\n  d. Personal service on a sole proprietor, any general partner of a\npartnership or limited liability partnership, member of a limited\nliability company or shareholder of a professional service corporation\nlicensed in this state of a notice of a hearing to revoke the\nregistration of, or take other disciplinary action against a firm\nregistered hereunder shall be deemed service on the firm.\n  e. A firm registered to practice pursuant to this section shall file\nwith the department annually on or before the anniversary of the date of\nthe firm's first registration written notification of:\n  (1) Any admission of a partner, member or shareholder,\n  (2) Any resignation, termination, retirement or death of a partner,\nmember or shareholder,\n  (3) Any termination of a firm,\n  (4) Any change in the number or location of offices within this state\nand any change in the identity of the persons in charge of such offices,\nor\n  (5) Any occurrence of any event or events which would eliminate as to\nsuch firm conformity with the applicable requirements of this section.\n  f. The commissioner shall establish in regulations a registration\nprocess for certified public accountancy firms and public accountancy\nfirms, including the imposition of application and registration fees and\nprocedures to suspend or revoke a registration or take other\ndisciplinary action for cause.\n  g. Firms shall register triennially.\n  h. An individual licensee or individual practicing under subdivision\ntwo of section seventy-four hundred six of this article who signs or\nauthorizes someone to sign the accountant's report on the financial\nstatements on behalf of a firm shall meet the competency requirements\nset out in the professional standards for such services, as recognized\nin subdivision one of section seventy-four hundred one-a of this\narticle, and as set out in the rules of the board of regents.\n  4. Any person shall be guilty of a class A misdemeanor who shall use,\nin connection with the practice of public accountancy, or in any manner\ntending to imply that he or she is an independent accountant or auditor,\nthe designations "chartered accountant", "certified accountant", "expert\naccountant", "certified tax accountant", "tax accountant", "enrolled\naccountant", "enrolled public accountant", "registered accountant",\n"licensed accountant", "incorporated accountant", "registered public\naccountant", "licensed public accountant", or any abbreviation thereof,\nor the letters "C.A.", "E.A.", "C.T.A.", "T.A.", "E.P.A.", "R.A.",\n"L.A.", "I.A.", "P.A.", "R.P.A.", or, "L.P.A.", except as provided\nelsewhere in this article, or any other designation tending to imply\nthat he or she has expert knowledge in accounting or auditing. The title\n"enrolled agent" or the designation "E.A." may only be used by\nindividuals so designated by the United States Internal Revenue Service.\n  5. An individual not licensed as a certified public accountant or\npublic accountant or otherwise authorized to practice public\naccountancy, or an entity not required to register under this section\nmay prepare a financial statement so long as it is not accompanied by\nany statement, report, or wording indicating such individual is a\ncertified public accountant or public accountant or that such entity is\nregistered to practice public accountancy under this article. Such\nnon-licensed individuals and non-registered entities shall include the\nfollowing written language when preparing financial statements:\n  a. "(I, We) have prepared the accompanying financial statement(s) of\n(name of business or organization) as of the (time period) and for the\n(period) then ended. This presentation is limited to preparing, in the\nform of a financial statement(s), information that is the representation\nof (name of business or organization)"; and\n  b. "(I, We) have not audited or reviewed the accompanying financial\nstatement(s) and accordingly do not express an opinion or any other form\nof assurance on them."\n
N.Y. EDN Law § 6732 — New York Code / Act EDN / Title 8 / Article 136 / Section 6732
Practice of physical therapy and the use of title "physical therapist"
Status: in_force

§ 6732. Practice of physical therapy and the use of title "physical\ntherapist". Only a person licensed or otherwise authorized under this\narticle shall practice physical therapy or use the title "physical\ntherapist", "physiotherapist" or "mechanotherapist" or the abbreviation\nof "P.T." in connection with his or her name or with any trade name in\nthe conduct of his profession. Only a person licensed or otherwise\nauthorized under this article to practice physical therapy, and who has\nobtained a doctorate in physical therapy may use the title "doctor of\nphysical therapy" or abbreviation "D.P.T." in connection with his or her\nname or with any trade name to indicate or imply that the person is\nlicensed or otherwise authorized to practice physical therapy.\n
N.Y. VAT Law § 1623 — New York Code / Act VAT / Title 8 / Article 37 / Section 1623
Regulation of traffic on the grounds of state departments, institutions of the state university, state hospitals and other state institut...
Status: in_force

§ 1623. Regulation of traffic on the grounds of state departments,\ninstitutions of the state university, state hospitals and other state\ninstitutions. (a) Upon the application of the head of any state\ndepartment, upon the application of the board of trustees of the state\nuniversity of New York and upon the application of the board of visitors\nor other similar board or body of a state hospital or state institution,\nthe department of transportation may by order, rule or regulation\nprohibit, restrict or regulate traffic on or pedestrian use of any\nhighway on the grounds of the department, institution or institutions\nover which the department head, board or body making such applications\nhas jurisdiction. (b) This section shall not apply to any of the grounds\nreferred to in section fifty-seven hundred eight of the education law.\n
N.Y. LAB Law § 620 — New York Code / Act LAB / Article 18 / Title 8 / Section 620
Referees' hearings
Status: in_force

§ 620. Referees' hearings.  1. Disputed claims for benefits. (a) A\nclaimant who is dissatisfied with an initial determination of his or her\nclaim for benefits or any other party, including any employer whose\nemployer account percentage might be affected by such determination may,\nwithin thirty days after the mailing or personal delivery of notice of\nsuch determination, request a hearing.  The referee may extend the time\nfixed for requesting a hearing, upon evidence that the physical\ncondition or mental incapacity of the claimant prevented the claimant\nfrom filing an appeal within thirty days of the initial determination.\nAny employer whose employer account percentage might be affected by such\ndetermination, irrespective of whether or not such employer was a party\nto a hearing brought hereunder, shall have access to all records of any\nhearing brought hereunder by any party relating to such determination,\nprovided, however, that those records shall be subject to redaction or\nshall be withheld in accordance with applicable federal or state\nstatutory and regulatory requirements governing information\nconfidentiality and personal privacy, including, but not limited to,\narticle six and article six-A of the public officers law.\n  (b) When the initial determination of a claim for benefits, upon which\na hearing has been requested, involves the question whether any person\nis or was an employer within the meaning of this article and is or was\nliable for the payment of contributions under this article, or the\nquestion whether an employer has fully complied with the obligations\nimposed by this article, written notice of the hearing shall be given to\nsuch persons or employer, either personally or by mail, and thereupon\nhe, she or such employer shall be deemed a party to the proceeding,\nentitled to be heard. Upon such notice having been given, the referee\nmay then decide such question or questions and any other issue related\nthereto, and his or her decision shall not be deemed limited in its\neffect to the immediate claimant making the claim for benefits but shall\nbe deemed a general determination of such questions with respect to all\nthose employed by such person or employer for all the purposes of this\narticle, and such decision shall be conclusive and binding upon the\nclaimant and such person or employer, subject, however, to the right to\nappeal hereinafter provided.\n  2. Contested determinations, rules, or orders. Any employer who claims\nto be aggrieved by the commissioner's determination of the amount of the\nemployer's contributions or by any other rule or order of the\ncommissioner under any provision of this article may apply to the\ncommissioner for a hearing within thirty days after mailing or personal\ndelivery of notice of such determination, rule, or order.\n  3. Decisions. Every hearing as herein provided for shall be held by a\nreferee who shall render his or her decision within five days after the\nhearing is concluded. Written notice of the referee's decision,\ncontaining the reasons therefor, shall be promptly given to the claimant\nor employer, to the commissioner, and to any party affected thereby who\nappeared at the hearing. Publication of a referee's decision or of any\nappeal board decision shall be subject to redaction or shall be withheld\nin accordance with applicable federal or state statutory and regulatory\nrequirements governing information confidentiality and personal privacy,\nincluding, but not limited to, article six and article six-A of the\npublic officers law.\n  The decision of a referee shall be deemed the decision of the appeal\nboard from the date of the filing thereof in the department, unless an\nappeal is taken from such decision to the board in accordance with the\nprovisions of this article or unless the board on its own motion or on\napplication duly made to it modify or rescind such decision.\n  4. Whenever any deaf person is a party to a hearing conducted before a\nreferee, or a witness thereon, the referee shall in all instances,\nappoint a qualified interpreter who is certified by a recognized\nnational or New York state credentialing authority to interpret the\nproceedings to and the testimony of such deaf person. The commissioner\nshall determine a reasonable fee for all such interpreting services, the\ncost of which shall constitute expenses under this article.\n
N.Y. PBA Law § 1833 — New York Code / Act PBA / Article 8 / Title 8 / Subtitle 5 / Section 1833
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1833. Title not affected if in part unconstitutional or ineffective.\nIf any subtitle, section, subdivision, paragraph, sentence, clause or\nprovision of this title shall be unconstitutional or be ineffective in\nwhole or in part, to the extent that it is not unconstitutional or\nineffective, it shall be valid or effective and no other subtitle,\nsection, subdivision, paragraph, sentence, clause or provision shall on\naccount thereof be deemed invalid or ineffective.\n
N.Y. PBA Law § 1198-C — New York Code / Act PBA / Article 5 / Title 8-C / Section 1198-C
Water authority of Western Nassau county district
Status: in_force

§ 1198-c. Water authority of Western Nassau county district. There is\nhereby created a district to be known as the "water authority of Western\nNassau county district" which shall be defined as follows:\n  Beginning at the point of intersection of the boundary line between\nthe City of New York and the County of Nassau and the center line of\nHillside Avenue; thence northerly along the boundary line of the City of\nNew York and Nassau County to the southerly line of the Lakeville\nManhasset Water District; thence easterly along the southerly line of\nthe Lakeville Manhasset Water District to a point approximately three\nhundred seventy-five (375) feet west of Gerard Avenue; thence northerly\nalong the boundary line of the Lakeville Manhasset Water District to\nMarcus Avenue; thence easterly along the center line of Marcus Avenue to\nthe center line of New Hyde Park Road; thence southerly and along the\ncenter line of New Hyde Park Road to a point of one hundred (100) feet\nnorth of Ashland Avenue, which is also the boundary line of the Garden\nCity Water District; thence easterly along a line of one hundred (100)\nfeet north of Ashland Avenue to a point one hundred fifty (150) feet\neast of Leonard Boulevard; thence southeasterly along the boundary line\nof the Garden City Park Water District to the center line of Denton\nAvenue to a point approximately seventy (70) feet north of Evergreen\nAvenue; thence southerly and along the center line of Denton Avenue to\nJericho Turnpike; thence continuing southerly along the center line of\nTanners Pond Road (Denton Avenue, to the Long Island Rail Road (main\nline)); thence westerly along the Long Island Rail Road to a point\napproximately one thousand one hundred fifty (1150) feet east of New\nHyde Park Road; thence southerly along the center line of Hudson Road\n(Block N, Map of Nassau Haven) to the south side of Colonial Avenue;\nthence westerly along Colonial Avenue and Colvin Drive to the rear line\nof the property on the east side of Hathaway Drive; thence southerly to\na point approximately two hundred (200) feet north of Fenimore Avenue;\nthence westerly to the rear line of the property on the west side of\nHathaway Drive; thence northerly to the center line of New Hyde Park\nRoad; thence southerly along the center line of New Hyde Park Road to\nthe boundary line of the Franklin Square Water District (a line parallel\nto and approximately one hundred (100) feet south of Cambridge Avenue);\nthence southerly and westerly along said boundary line to the center\nline of Covert Avenue; thence southerly and along the center line of\nCovert Avenue to a point distant five hundred (500) feet more or less\nnorth of Hempstead Turnpike; thence westerly and following the boundary\nline of Franklin Square Water District (a line distant five hundred\n(500) feet more or less north of Hempstead Turnpike) to its intersection\nwith the easterly side of Makofski Avenue; thence along the easterly\nside of Makofski Avenue to the center line of Old School Road; thence\ncontinuing southerly and along the center line of Old School Road to the\ncenter line of Atherton Avenue; thence easterly and along the center\nline of Atherton Avenue to the center line of Emporia Avenue; thence\nnortherly and along the center line of Emporia Avenue to a point distant\nfive hundred (500) feet more or less south of Hempstead Turnpike; thence\neasterly on a line parallel to and distant five hundred (500) feet more\nor less south of Hempstead Turnpike to the center line of Meachem\nAvenue; thence northerly along the center line of Meacham Avenue to the\ncenter line of American Avenue; thence easterly along the center line of\nAmerican Avenue to a point distant one hundred (100) feet more or less\neast of Evans Avenue; thence southerly on a line distant one hundred\n(100) feet more or less east of and parallel to Evans Avenue to the\nboundry line of the Franklin Square Water District where the same\ndeflects to the east and is parallel with Nelson Street; thence easterly\nto the center line of Franklin Avenue; thence continuing easterly on a\nline parallel to and one hundred (100) feet north of First Avenue to a\npoint approximately five hundred seventy-three (573) feet more or less\neast of Fourth Street, said point being twenty-five (25) feet west of\nthe easterly line of the Nassau County drainage easement and also being\nthe westerly boundary line of the West Hempstead-Hempstead Gardens Water\nDistrict; thence following the boundry line of the West\nHempstead-Hempstead Gardens Water District and running in a southerly\ndirection along a line parallel with and twenty-five (25) feet west of\nthe easterly line of the Nassau County drainage easement a distance of\none thousand three hundred fifty-seven (1357) feet more or less; thence\nin an easterly direction and along the rear lot lines between Anderson\nand Doughty Avenues, which is also the southerly line of the West\nHempstead-Hempstead Gardens Water District, to a point one hundred (100)\nfeet more or less south of Sprague Avenue; thence in a southeasterly\ndirection following the southerly line of the West Hempstead-Hempstead\nGardens Water District along the rear lot lines between Sprague and\nCraft Avenues to the easterly side of Hall Street; thence along the\neasterly side of Hall Street to the southerly side of Sprague Avenue;\nthence in an easterly direction along the southerly side of Sprague\nAvenue to the center line of Dogwood Avenue; thence in a southerly\ndirection along the center line of Dogwood Avenue, which is also the\nboundary line of the Lakeview Water District, a distance of two thousand\nfive hundred thirty (2530) feet more or less to the boundary line of the\nVillage of Malverne; thence westerly, thence southerly along the\nwesterly boundary line of the Village of Malverne and the center line of\nFoeter's Brook to the center line of Wolf Avenue; thence in a westerly\ndirection along the center line of Wolf Avenue a distance of two hundred\nseventy (270) feet more or less to a point in Peterhoff Street, said\npoint being distant five hundred (500) feet east of the center line of\nFranklin Avenue and five hundred (500) feet north of the Incorporated\nVillage of Valley Stream boundary line; thence in a southerly direction\nalong a line parallel with and distant five hundred (500) feet east of\nthe center line of Franklin Avenue a distance of six hundred (600) feet\nmore or less to the boundary line of the Incorporated Village of Valley\nStream; thence westerly along the boundary line of the Incorporated\nVillage of Valley Stream to a point at Cumberland Avenue and Foster\nMeadow Road, said point being the junction of the boundary line between\nthe County of Nassau and the City of New York; thence northerly along\nthe boundary line of the City of New York and the County of Nassau to\nthe center line of Jericho Turnpike; thence easterly along the center\nline of Jericho Turnpike to the boundary line of the City of New York\nand the Village of Floral Park; thence northeasterly along the boundary\nline of the City of New York and the Village of Floral Park to Hillside\nAvenue to the point or place of beginning.\n