N.Y. PBA Law § 1046 — New York Code / Act PBA / Article 5 / Title 2-A* / Section 1046
New York city water board
Status: in_force

§ 1046. New York city water board. For the benefit of the city of New\nYork and the inhabitants thereof, a water board, to be known as the New\nYork city water board, is hereby established for the accomplishment of\nany or all of the purposes specified in this title. It shall have the\npowers and duties now or hereafter conferred by this title upon a water\nboard. It shall be organized in a manner prescribed by and be subject to\nthe provisions of this title. The board, its members, officers and\nemployees and its operations and activities shall in all respects be\ngoverned by the provisions of this title.\n
N.Y. ENV Law § 57-0201 — New York Code / Act ENV / Article 57 / Title 2 / Section 57-0201
Short title
Status: in_force

§ 57-0201. Short title.\n  This title shall be known and may be cited as the "Peconic Bay region\nwatershed protection act".\n
N.Y. RPT Law § 425 — New York Code / Act RPT / Article 4 / Title 2 / Section 425
School tax relief (STAR) exemption
Status: in_force

§ 425. School tax relief (STAR) exemption. 1. Generally. Real property\nwhich satisfies the requirements of this section shall be exempt from\ntaxation for school purposes as provided herein.\n  2. Exempt amount. (a) Overview. There shall be two variations of the\nexemption authorized by this section: an exemption for property owned by\npersons who satisfy the criteria set forth in subdivision three of this\nsection, which shall be known as the "basic" STAR exemption, and an\nexemption for property owned by senior citizens who satisfy the criteria\nset forth in both subdivisions three and four of this section, which\nshall be known as the "enhanced" STAR exemption. The exempt amount for\neach assessing unit shall be determined annually as set forth in this\nsubdivision, by multiplying the "base figure" by the locally-applicable\n"sales price differential factor," if any, multiplying the product by\nthe appropriate "equalization factor" for the assessing unit, and, if\nnecessary, increasing the result to equal the applicable "floor." The\nresult is then rounded to the nearest multiple of ten dollars.\n  (b) Base figure. Subject to the adjustments prescribed below, the base\nfigure for the exemption shall be as follows:\n  (i) For the nineteen hundred ninety-eight--ninety-nine school year,\nthe base figure shall be fifty thousand dollars for eligible senior\ncitizens; no exemption shall be allowed for other persons.\n  (ii) For the nineteen hundred ninety-nine--two thousand school year,\nthe base figure shall be fifty thousand dollars for eligible senior\ncitizens, and ten thousand dollars for other eligible persons.\n  (iii) For the two thousand--two thousand one school year, the base\nfigure shall be fifty thousand dollars for eligible senior citizens, and\ntwenty thousand dollars for other eligible persons.\n  (iv) For the two thousand one--two thousand two school year through\nthe two thousand five--two thousand six school year, inclusive, the base\nfigure shall be fifty thousand dollars for eligible senior citizens, and\nthirty thousand dollars for other eligible persons.\n  (v) For the two thousand six--two thousand seven school year through\nthe two thousand eight--two thousand nine school year, inclusive, the\nbase figure for the enhanced STAR exemption shall be fifty-six thousand\neight hundred dollars, and the base figure for the basic STAR exemption\nshall be thirty thousand dollars.\n  (vi) For the two thousand nine--two thousand ten school year and\nthereafter:\n  (A) The base figure for the enhanced STAR exemption shall equal the\nprior year's base figure multiplied by the percentage increase in the\nconsumer price index for urban wage earners and clerical workers (CPI-W)\npublished by the United States department of labor, bureau of labor\nstatistics, for the third quarter of the calendar year preceding the\napplicable school year, as compared to the third quarter of the prior\ncalendar year. If a base figure as so determined is not exactly equal to\na multiple of one hundred dollars, it shall be rounded to the nearest\nmultiple of one hundred dollars. It shall be the responsibility of the\ncommissioner to annually determine such base figures.\n  (B) The base figure for the basic STAR exemption shall be thirty\nthousand dollars.\n  (c) Sales price adjustment. (i) The base figure specified in paragraph\n(b) of this subdivision shall be increased for the counties and cities\nspecified herein by multiplying that figure by the locally-applicable\n"sales price differential factor" determined by the commissioner. In no\ncase shall the base figure specified in paragraph (b) of this\nsubdivision be decreased as the result of this adjustment. A separate\nsales price differential factor shall be determined for each county in\nwhich the median sales price of residential real property exceeds the\nstatewide median sales price of such property as determined herein,\nexcept that in the case of a county wholly contained within the\nboundaries of a city, a sales price differential factor shall be\ndetermined for the city as a whole rather than for any individual county\ntherein. This factor shall be determined as provided herein.\n  (ii) In the case of a county, the median sales price of residential\nreal property sold within the county in each of the three preceding\ncalendar years shall be determined, and the average of those three\nmedians shall be calculated. The data used for this purpose shall be\nbased upon arm's length transfers within the county reported pursuant to\nsection three hundred thirty-three of the real property law, excluding\nsales data which the commissioner finds to be unreliable, and including\nthose adjustments requested by local assessors which the commissioner\nfinds warranted.\n  (iii) In the case of a city which includes one or more entire counties\nwithin its boundaries, the median sales price of residential real\nproperty sold within the city in each of the three preceding calendar\nyears shall be determined, and the average of those three medians shall\nbe determined. The data used for this purpose shall be based upon\ntransfers reported to the city pursuant to a special or local law,\nexcluding sales data which the commissioner finds to be unreliable, and\nincluding those adjustments requested by the local assessor which the\ncommissioner finds warranted.\n  (iv) The median sales price of residential real property based on\ntransactions reported pursuant to section three hundred thirty-three of\nthe real property law in each of those same three calendar years shall\nbe determined, subject to the exclusions and adjustments described\nabove, and the average of those three medians shall be calculated.\n  (v) The average determined in subparagraph (ii) or (iii) of this\nparagraph, whichever is applicable, shall be divided by the average\ndetermined in subparagraph (iv) of this paragraph; provided that in no\nevent shall the result be less than one.\n  (vi) The sales price of property which is held in condominium or\ncooperative form of ownership shall not be considered when determining\nmedian sales prices pursuant to this paragraph.\n  (d) Equalization adjustment. To account for the variance in the level\nof assessment among assessing units, the figure determined in paragraph\n(c) of this subdivision shall be multiplied by an "equalization factor,"\nwhich shall be the appropriate state equalization rate or special\nequalization rate established by the commissioner. Provided, that in the\ncase of a special assessing unit, (i) the equalization factor for class\none in each school district portion shall be the class equalization rate\nfor class one in the portion, and (ii) the equalization factor for class\ntwo in each school district portion shall be the equalization factor for\nclass one in the portion, multiplied by the latest tax rate for class\none in the portion, and then divided by the latest tax rate for class\ntwo in the portion. Provided further, that in any instance when school\ndistrict taxes are levied upon an assessment roll which predates the\nlatest final assessment roll, the equalization factor shall be the state\nequalization rate for the assessment roll upon which school district\ntaxes are to be levied.\n  (e) Application of "floor". (i) For the two thousand eight--two\nthousand nine school year, the result obtained in paragraph (d) of this\nsubdivision may not be less than ninety percent of the exempt amount\ndetermined for the prior levy, unless the level of assessment in the\nassessing unit, or in class one in a special assessing unit, has changed\nby five percent or more, in which case the result obtained in paragraph\n(d) of this subdivision for the assessing unit, or for class one in a\nspecial assessing unit, may not be less than ninety percent of the\nproduct of the exempt amount determined for the prior levy multiplied by\nthe applicable change in level of assessment factor.\n  (ii) For the two thousand nine--two thousand ten and subsequent school\nyears, the result obtained in paragraph (d) of this subdivision may not\nbe less than eighty-nine percent of the exempt amount determined for the\nprior levy, unless the level of assessment in the assessing unit, or in\nclass one in a special assessing unit, has changed by five percent or\nmore, in which case the result obtained in paragraph (d) of this\nsubdivision for the assessing unit, or for class one in a special\nassessing unit, may not be less than eighty-nine percent of the product\nof the exempt amount determined for the prior levy multiplied by the\napplicable change in level of assessment factor.\n  (f) Rounding. The result obtained in paragraph (d) or (e) of this\nsubdivision, whichever is applicable, shall be rounded to the nearest\nmultiple of ten dollars, and shall thereupon be the exempt amount for\nthe assessing unit for the levy of school district taxes on the\ncorresponding assessment roll.\n  (g) Computation and certification by commissioner. It shall be the\nresponsibility of the commissioner to compute the exempt amount for each\nassessing unit in each county in the manner provided herein, and to\ncertify the same to the assessor of each assessing unit and to the\ncounty director of real property tax services of each county. Such\ncertification shall be made at least twenty days before the last date\nprescribed by law for the filing of the tentative assessment roll.\nProvided, however, that where school taxes are levied on a prior year\nassessment roll, or on a final assessment roll that was filed more than\none year after the tentative roll was filed, such certification shall be\nmade no later than fifteen days after the publication of the data needed\nto compute the base figure for the enhanced STAR exemption pursuant to\nclause (A) of subparagraph (vi) of paragraph (b) of this subdivision,\nand provided further, that upon receipt of such certification, the\nassessor shall thereupon be authorized and directed to correct the\nassessment roll to reflect the exempt amount so certified, or, if\nanother person has custody or control of the assessment roll, to direct\nthat person to make the appropriate corrections.\n  (h) Recertification required in certain cases. If the commissioner\ndetermines that an exempt amount calculated pursuant to this section\ndiffers from the exempt amount that should have been so calculated by\nfive percent or more, due to a change in level of assessment, inaccurate\nor incomplete data, or other causes, it shall recompute the exempt\namount for that assessing unit and shall certify the recomputed exempt\namount to the assessor and the county director of real property tax\nservices. The assessor shall thereupon be authorized and directed to\ncorrect the assessment roll accordingly, or, if another person has\ncustody or control of the assessment roll, to direct that person to make\nthe appropriate corrections. If the corrections are not made before\nschool taxes are levied, the difference between the original exempt\namount and the recertified exempt amount for each affected parcel shall\nbe deemed a "clerical error" for purposes of title three of article five\nof this chapter, and shall be corrected accordingly.\n  (i) Villages. No exempt amount shall be determined under this section\nfor a village, unless the boundaries of the village are coterminous with\nthose of a union free school district.\n  (j) Certain city school districts. The commissioner shall adjust the\nexempt amount for each city containing a school district which is\nsubject to article fifty-two of the education law, to account for the\nfact that the school district is fiscally dependent upon the city. This\nadjustment shall be made by multiplying the exempt amount that would\notherwise be determined for the city by sixty-seven percent, or, in the\ncase of a city with a population of one million or more, by fifty\npercent. The exempt amount resulting from this calculation shall be\napplied both to the assessed value for city school district purposes and\nto the assessed value for general city purposes, and state aid shall be\npayable on the combined tax savings in the manner provided by section\nthirteen hundred six-a of this chapter.\n  (k) Cooperative apartment corporations. (i) For the purposes of this\nsection, title to that portion of real property owned by a cooperative\napartment corporation in which a tenant-stockholder of such corporation\nresides, and which is represented by his or her share or shares of stock\nin such corporation as determined by its or their proportional\nrelationship to the total outstanding stock of the corporation,\nincluding that owned by the corporation, shall be deemed to be vested in\nsuch tenant-stockholder.\n  (ii) That proportion of the assessment of such real property owned by\na cooperative apartment corporation determined by the relationship of\nsuch real property vested in such tenant-stockholder to such entire\nparcel and the buildings thereon owned by such cooperative apartment\ncorporation in which such tenant-stockholder resides shall be subject to\nexemption from taxation pursuant to this section and any exemption so\ngranted shall be credited by the appropriate taxing authority against\nthe assessed valuation of such real property. Upon the completion of the\nfinal assessment roll, or as soon thereafter as is practicable, the\nassessor shall forward to the cooperative apartment corporation a\nstatement setting forth the exemption attributable to each eligible\ntenant-stockholder. The reduction in real property taxes attributable to\neach eligible tenant-stockholder shall be credited by the cooperative\napartment corporation against the amount of such taxes otherwise payable\nby or chargeable to such tenant-stockholder. The assessor shall also\nforward to the commissioner, at the time and in the manner prescribed by\nthe commissioner, a statement setting forth the taxable assessed value\nattributable to each tenant-stockholder, without regard to the\nexemption, and such other information as the commissioner shall deem\nnecessary to properly calculate the STAR credit authorized by subsection\n(eee) of section six hundred six of the tax law for those\ntenant-stockholders who qualify for it.\n  (iii) (A) Every cooperative apartment corporation, upon receiving an\nexemption pursuant to this section, shall provide to each eligible\ntenant-stockholder a written statement detailing: the full amount of the\nexemption to be credited to such tenant-stockholder, including\ninformation on how such amount was calculated pursuant to subparagraph\n(ii) of this paragraph, and how the exemption is being credited to such\neligible tenant-stockholder, pursuant to the requirements of clause (B)\nof this subparagraph. Such written statement shall be mailed to each\neligible tenant-stockholder no later than sixty days after such\ncooperative apartment corporation receives such exemption.\n  (B) Every cooperative apartment corporation, upon receiving an\nexemption pursuant to this section, shall credit the full amount of the\nSTAR exemption to each eligible tenant-stockholder in one of the\nfollowing ways:\n  (I) A full credit against the fees and charges of any single month\nwithin the current assessment cycle with any balance to be so credited\nin full for the following month or months until exhausted;\n  (II) A proportional credit over six months during the current\nassessment cycle;\n  (III) A proportional credit over the twelve months during the current\nassessment cycle;\n  (IV) A payment of the total savings to the tenant-stockholder as an\nup-front, lump sum payment.\n  Such exemption shall be fully credited to each tenant-stockholder\nduring the assessment cycle for which each tenant-stockholder was\neligible for STAR.\n  (iv) Notwithstanding the provisions of subparagraph (ii) of this\nparagraph, when a cooperative apartment corporation is incorporated as a\nmutual company pursuant to the private housing finance law, and the\ngranting of an exemption pursuant to this section would not inure to the\nbenefit of eligible tenant-stockholders because the real property of\nsuch corporation is subject to an exemption from taxation pursuant to\nsection thirty-three, ninety-three, one hundred twenty-five or five\nhundred fifty-six of the private housing finance law, an alternative\nbenefit shall be provided to such corporation and passed through to\neligible tenant-stockholders in the manner provided by this subdivision.\nSuch alternative benefit shall consist of a reduction in the real\nproperty taxes or payments in lieu of taxes that would otherwise be\npayable on account of such real property. The total amount of such\nreduction shall be the sum of the "STAR savings" for all of the\ncooperative apartment units that are occupied by one or more eligible\ntenant-stockholders. The STAR savings for each such unit shall be equal\nto one-third of the exempt amount determined pursuant to paragraph (a)\nof this subdivision for purposes of the basic or enhanced exemption, as\nthe case may be, multiplied by the applicable school tax rate, or in the\ncase of a school district described in paragraph (j) of this\nsubdivision, by the applicable city tax rate. Provided, however, in no\ncase shall the STAR savings for any individual unit exceed the amount\npayable by or chargeable to the unit on account of real property taxes\nor payments in lieu of taxes. The STAR savings so determined for each\nunit shall be credited by the cooperative apartment corporation against\nthe real property taxes or payments in lieu of taxes otherwise payable\nby or chargeable to the eligible tenant-stockholders. The total of the\nalternative benefits provided pursuant to this subparagraph shall be a\nstate charge which shall be payable in the same manner that school\ndistricts are compensated pursuant to section thirteen hundred six-a of\nthis chapter for tax savings attributable to exemptions granted pursuant\nto this section.\n  (l) Trailers and mobile homes. (i) When the value of a trailer or\nmobile home has been included in the assessment of the land on which it\nis located pursuant to paragraph (g) of subdivision twelve of section\none hundred two of this chapter, the provisions of this paragraph shall\napply.\n  (ii) If the owner of the trailer or mobile home also owns the land, he\nor she may apply for exemption pursuant to this section in the same\nmanner as any other homeowner.\n  (iii) If the owner of the trailer or mobile home does not own the\nland, he or she may apply for exemption pursuant to this section only\nupon the trailer or mobile home. If granted, only the portion of the\nassessment of the parcel attributable to the trailer or mobile home\nshall be subject to exemption from taxation pursuant to this section. In\nno event shall the exemption exceed the total assessed value\nattributable to the trailer or mobile home. The exemption shall be\ncredited by the appropriate taxing authority against the assessed\nvaluation of the parcel. Upon the completion of the final assessment\nroll, or as soon thereafter as is practicable, the assessor shall\nforward to the landowner a statement setting forth the exemption\nattributable to each eligible trailer or mobile home. The reduction in\nreal property taxes attributable to each eligible trailer or mobile home\nshall be credited by the landowner against the rent payable on account\nof such trailer or mobile home, subject to the provisions of subdivision\nw of section two hundred thirty-three of the real property law.\n  (iv) Beginning with assessment rolls used to levy school district\ntaxes for the two thousand twenty-two--two thousand twenty-three school\nyear, no exemption shall be granted pursuant to this section to a mobile\nhome that is described in this paragraph. Owners of such property may\nclaim the credit authorized by subsection (eee) of section six hundred\nsix of the tax law in the manner prescribed therein. The commissioner\nshall develop a process to automatically switch qualified exemption\nrecipients into the STAR credit, and to request additional information\nfrom those exemption recipients whose credit eligibility cannot be\nindependently confirmed. Each affected individual shall be notified of\nthe switch as soon as practicable. Once the individual receives a STAR\ncredit check and deposits or endorses it, he or she shall be deemed to\nhave consented to the switch and shall not be permitted to switch back\nto the exemption.\n  3. Eligibility requirements. (a) Property use. To qualify for\nexemption pursuant to this section, the property must be a one, two or\nthree family residence, a farm dwelling or residential property held in\ncondominium or cooperative form of ownership. If the property is not an\neligible type of property, but a portion of the property is partially\nused by the owner as a primary residence, that portion which is so used\nshall be entitled to the exemption provided by this section; provided\nthat in no event shall the exemption exceed the assessed value\nattributable to that portion.\n  (b) Primary residence. The property must serve as the primary\nresidence of one or more of the owners thereof.\n  (b-1) Income. For final assessment rolls to be used for the levy of\ntaxes for the two thousand eleven-two thousand twelve through two\nthousand eighteen-two thousand nineteen school years, the parcel's\naffiliated income may be no greater than five hundred thousand dollars,\nas determined by the commissioner pursuant to subdivision fourteen of\nthis section or section one hundred seventy-one-u of the tax law, in\norder to be eligible for the basic exemption authorized by this section.\nBeginning with the two thousand nineteen-two thousand twenty school\nyear, for purposes of the exemption authorized by this section, the\nparcel's affiliated income may be no greater than two hundred fifty\nthousand dollars, as so determined. As used herein, the term "affiliated\nincome" shall mean the combined income of all of the owners of the\nparcel who resided primarily thereon on the applicable taxable status\ndate, and of any owners' spouses residing primarily thereon. For\nexemptions on final assessment rolls to be used for the levy of taxes\nfor the two thousand eleven-two thousand twelve school year, affiliated\nincome shall be determined based upon the parties' incomes for the\nincome tax year ending in two thousand nine. In each subsequent school\nyear, the applicable income tax year shall be advanced by one year. The\nterm "income" as used herein shall have the same meaning as in\nsubdivision four of this section, and the provisions of clause (B) of\nsubparagraph (ii) of paragraph (b) of subdivision four of this section\nshall be equally applicable to the basic exemption.\n  (c) Trusts. If legal title to the property is held by one or more\ntrustees, the beneficial owner or owners shall be deemed to own the\nproperty for purposes of this subdivision.\n  (d) Farm dwellings not owned by the resident. (i) If legal title to\nthe farm dwelling is held by an S-corporation or by a C-corporation, the\nexemption shall be granted if the property serves as the primary\nresidence of a shareholder of such corporation.\n  (ii) If the legal title to the farm dwelling is held by a partnership,\nthe exemption shall be granted if the property serves as the primary\nresidence of one or more of the partners.\n  (iii) If the legal title to the farm dwelling is held by a limited\nliability company, the exemption shall be granted if the property serves\nas the primary residence of one or more of the owners.\n  (iv) Any information deemed necessary to establish shareholder,\npartner or owner status for eligibility purposes shall be considered\nconfidential and exempt from the freedom of information law.\n  (e) Dwellings owned by limited partnerships. (i) If legal title to a\ndwelling is held by a limited partnership, the exemption shall be\ngranted if the property serves as the primary residence of one or more\nof the partners, provided that the limited partnership which holds title\nto the property does not engage in any commercial activity, that the\nlimited partnership was lawfully created to hold title solely for estate\nplanning and asset protection purposes, and that the partner or partners\nwho primarily reside thereon personally pay all of the real property\ntaxes and other costs associated with the property's ownership.\n  (ii) Any information deemed necessary to establish partner status for\neligibility purposes shall be considered confidential and exempt from\nthe freedom of information law.\n  4. Senior citizens. The enhanced exemption for property owned by\nsenior citizens shall be provided where all of the following\nrequirements are satisfied:\n  (a) Age. (i) At least one of the owners who resides primarily on the\nproperty must be sixty-five years of age or older as of the date\nspecified herein. For the two thousand--two thousand one school year,\neligibility for the exemption shall be based upon age as of December\nthirty-first, two thousand. For each subsequent school year, the\napplicable date shall be advanced by one year.\n  (ii) In the case of property owned by a married couple, if only one of\nthe spouses is sixty-five years of age or over, the exemption, once\ngranted, shall not be rescinded solely because of the death of the older\nspouse so long as the surviving spouse is at least sixty-two years of\nage as of the date specified in this paragraph.\n  (b) Income. (i) The combined income of all of the owners who primarily\nreside on the property, and of any owners' spouses primarily residing on\nthe property, may not exceed the applicable income standard specified\nherein.\n  (A) For final assessment rolls to be completed prior to two thousand\nthree, eligibility for the exemption shall be based upon income for the\nincome tax year immediately preceding the date of making application for\nthe exemption, and the income standard shall be sixty thousand dollars.\n  (B) For final assessment rolls to be completed in two thousand three,\neligibility for the exemption shall be based upon income for the income\ntax year ending in two thousand one, and the income standard shall be\nthe previously-applicable income standard of sixty thousand dollars\nincreased by the cost-of-living-adjustment percentage for two thousand\none. For purposes of this computation, the cost-of-living-adjustment\npercentage for two thousand one shall be equal to the "applicable\nincrease percentage" used by the United States commissioner of social\nsecurity to determine monthly social security benefits payable in two\nthousand one to individuals, as provided by subsection (i) of section\nfour hundred fifteen of title forty-two of the United States code.\n  (C) For final assessment rolls to be completed in each ensuing year,\nthe applicable income tax year, cost-of-living-adjustment percentage and\napplicable increase percentage shall all be advanced by one year, and\nthe income standard shall be the previously-applicable income standard\nincreased by the new cost-of-living-adjustment percentage. If there\nshould be a year for which there is no applicable increase percentage\ndue to a general benefit increase as defined by subdivision three of\nsubsection (i) of section four hundred fifteen of title forty-two of the\nUnited States code, the applicable increase percentage for purposes of\nthis computation shall be deemed to be the percentage which would have\nyielded that general benefit increase.\n  (C-1) Notwithstanding the provisions of clause (C) of this\nsubparagraph, in the event that a senior citizen, as a result of the\ndeath of his or her spouse, experiences a decrease in income such that\nhe or she would qualify for the enhanced exemption if his or her\neligibility were based upon his or her income for the income tax year\nimmediately subsequent to the income tax year that would otherwise be\napplicable pursuant to clause (C) of this subparagraph, then the\neligibility of such senior citizen for the enhanced exemption on the\napplicable taxable status date shall be determined based upon his or her\nincome for such later income tax year; provided that the income tax\nreturn for such year has been filed with the appropriate state or\nfederal agency and a copy thereof has been filed with the assessor on or\nbefore the applicable taxable status date, or other documentation of\nincome eligibility has been filed with the assessor on or before the\napplicable taxable status date.\n  (D) In no case shall an income standard be decreased from one\nassessment roll to the next.\n  (E) If the income standard initially computed for an assessment roll\nis not exactly equal to a multiple of fifty dollars, it shall be rounded\nup to the next higher multiple of fifty dollars.\n  (F) It shall be the responsibility of the commissioner to annually\ndetermine all income standards pursuant to this subdivision beginning\nwith final assessment rolls to be completed in two thousand three, to\ncause notice thereof to be published in the state register, to\ndisseminate notice thereof to assessors, county directors of real\nproperty tax services, and such other parties as it may deem\nappropriate, and to post notice thereof on its website.\n  (ii) The term "income" as used herein shall mean the "adjusted gross\nincome" for federal income tax purposes as reported on the applicant's\nfederal or state income tax return for the applicable income tax year,\nsubject to any subsequent amendments or revisions, reduced by\ndistributions, to the extent included in federal adjusted gross income,\nreceived from an individual retirement account and an individual\nretirement annuity; provided that if no such return was filed for the\napplicable income tax year, "income" shall mean the amount that would\nhave been so reported if such a return had been filed. Provided further,\nthat:\n  (A) Effective with exemption applications for final assessment rolls\nto be completed in two thousand nineteen, where an income-eligibility\ndetermination is wholly or partly based upon the income of one or more\nindividuals who did not file a return for the applicable income tax\nyear, then in order for the application to be considered complete, each\nsuch individual must file a statement with the department showing the\nsource or sources of such individual's income for that income tax year,\nand the amount or amounts thereof, that would have been reported on such\na return if one had been filed. Such statement shall be filed at such\ntime, and in such form and manner, as may be prescribed by the\ndepartment, and shall be subject to the secrecy provisions of the tax\nlaw to the same extent that a personal income tax return would be. The\ndepartment shall make such forms and instructions available for the\nfiling of such statements. The local assessor shall upon the request of\na taxpayer assist such taxpayer in the filing of the statement with the\ndepartment.\n  (B) Notwithstanding the foregoing provisions of this subparagraph,\nwhere property is owned solely by a person or persons who received the\nexemption for three consecutive years without having filed returns for\nthe applicable income tax years, but who demonstrated their eligibility\nfor the exemption to the commissioner's satisfaction by filing\nstatements pursuant to clause (A) of this subparagraph, such person or\npersons shall be presumed to satisfy the applicable income-eligibility\nrequirements each year thereafter and shall not be required to continue\nto file such statements in the absence of a specific request therefor\nfrom the commissioner. Nothing contained herein shall be construed to\nprevent the commissioner from denying an exemption pursuant to this\nsection when the commissioner determines that a property owner has a\nsource of income that renders that owner ineligible for that exemption.\n  (iii) Any information or documentation submitted by the applicant in\nconnection with applications for or renewal of the exemption authorized\nunder this section to verify income, shall be deemed confidential, and\nthe assessor, any municipal officer or municipal employees are\nprohibited from disclosing any such information, except for any\ndisclosure necessary in the performance of their official duties, and\nexcept as authorized by subparagraph (v) of this paragraph. Any\nunauthorized disclosure of such information shall be deemed a violation\nof section eight hundred five-a of the general municipal law.\n  (iv) (A) Effective with applications for the enhanced exemption on\nfinal assessment rolls to be completed in two thousand nineteen, the\napplication form shall indicate that all owners of the property and any\nowners' spouses residing on the premises must have their income\neligibility verified annually by the department and must furnish their\ntaxpayer identification numbers in order to facilitate matching with\nrecords of the department. The income eligibility of such persons shall\nbe verified annually by the department, and the assessor shall not\nrequest income documentation from them. All applicants for the enhanced\nexemption and all assessing units shall be required to participate in\nthis program, which shall be known as the STAR income verification\nprogram. The commissioner may, in his or her discretion, extend the\nenrollment period of the STAR income verification program for property\nowners whose property received the enhanced exemption on the final\nassessment roll completed in two thousand eighteen but who failed to\nenroll in sufficient time to have the exemption continued on the final\nassessment roll completed in two thousand nineteen. Where appropriate,\nthe commissioner is further authorized to remit directly to such a\nproperty owner a payment in an amount equal to the difference between\nthe school tax bill that the property owner actually received and the\nschool tax bill that the property owner would have received had he or\nshe enrolled in a timely manner.\n  (B) Effective with final assessment rolls to be completed in two\nthousand twenty, the commissioner shall also annually verify the\neligibility of such persons for the enhanced exemption on the basis of\nage and residency as well as income.\n  (C) When the commissioner determines that property is ineligible for a\nSTAR exemption, notice of such determination and an opportunity for\nreview thereof shall be provided in the manner set forth in subdivision\nfour-b of this section.\n  (c) Absence from residence. An exemption may be granted pursuant to\nthis subdivision notwithstanding the fact that an owner is absent from\nthe residence while receiving health-related care as an inpatient of a\nresidential health care facility, as defined in section twenty-eight\nhundred one of the public health law, provided that during such\nconfinement such property is not occupied by anyone other than the\nspouse or co-owner of such owner.\n  4-a. Special situations. (a) Married couples with two or more\nresidences. A husband and wife may receive an exemption pursuant to this\nsection on no more than one residence, unless living apart due to legal\nseparation.\n  (b) Parcels with two or more separate residences thereon. When a\nparcel includes two or more physically separate residences, an exemption\nmay be granted pursuant to this section to each residence which (i)\nserves as the primary residence of at least one of the owners of the\nparcel, and (ii) would be eligible for an exemption pursuant to this\nsection if it were separately assessed and owned exclusively by the\nowner or owners who reside therein, provided that only one such\nexemption may be applied to the land included within the parcel.\n  (c) Residences split by municipal boundaries. When an applicant's\nprimary residence is located in two or more municipal corporations, each\nportion of the residence shall be eligible for the exemption provided by\nthis section if the eligibility requirements are otherwise satisfied,\nprovided that the exemption shall be pro-rated in the same manner as the\nfull value of the property was apportioned to each municipal corporation\nby the respective assessors, so that the total tax savings resulting\nfrom the exemption does not exceed the tax savings that would be\nreceived if the residence were contained entirely within one municipal\ncorporation. The provisions of this paragraph shall not apply when the\nland associated with a residential structure is located in more than one\nmunicipal corporation, but the residential structure itself is located\nentirely within one of those municipal corporations.\n  4-b. Authority of the commissioner in relation to eligibility\ndeterminations. (a) (i) Notwithstanding any provision of this section to\nthe contrary, it shall be the responsibility of the commissioner to\ndetermine eligibility for the basic and enhanced STAR exemptions\nauthorized by this section, in consultation with local assessors as\nnecessary.\n  (ii) The commissioner's eligibility determinations shall be based upon\ndata the commissioner has obtained from local assessment rolls, personal\nincome tax returns, the STAR registration program, the STAR income\nverification program and such other data sources as may be available to\nthe commissioner.\n  (iii) The process followed by the commissioner to verify eligibility\nfor the basic and enhanced STAR exemptions shall be the same, except to\nthe extent that differences are required by law.\n  (b) If the commissioner should determine that a parcel that has a\nbasic STAR exemption is eligible for an enhanced STAR exemption, the\ncommissioner shall so notify the assessor. The assessor shall thereupon\ngrant the parcel an enhanced STAR exemption without requesting a new\napplication from the owner.\n  (c) If the commissioner determines that property is not eligible for a\nSTAR exemption it has been receiving, the provisions of this subdivision\nshall be applicable.\n  (i) The commissioner shall provide the property owners with notice and\nan opportunity to show the commissioner that the property is eligible to\nreceive the exemption. If the owners fail to respond to such notice\nwithin forty-five days from the mailing thereof, or if their response\ndoes not show to the commissioner's satisfaction that the property is\neligible for the exemption, the commissioner shall direct the assessor\nor other person having custody or control of the assessment roll or tax\nroll to remove or deny the exemption, and to correct the roll\naccordingly. Such a directive shall be binding upon the assessor or\nother person having custody or control of the assessment roll or tax\nroll, and shall be implemented by such person without the need for\nfurther documentation or approval.\n  (ii) Neither an assessor nor a board of assessment review has the\nauthority to consider an objection to the removal or denial of an\nexemption pursuant to this subdivision, nor may such an action be\nreviewed in a proceeding to review an assessment pursuant to title one\nor one-A of article seven of this chapter. Such an action may only be\nchallenged before the department of taxation and finance. If a taxpayer\nis dissatisfied with the department's final determination, the taxpayer\nmay appeal that determination to the state board of real property tax\nservices in a form and manner to be prescribed by the commissioner. Such\nappeal shall be filed within forty-five days from the issuance of the\ndepartment's final determination. If dissatisfied with the state board\nof real property tax services' determination, the taxpayer may seek\njudicial review thereof pursuant to article seventy-eight of the civil\npractice law and rules. The taxpayer shall otherwise have no right to\nchallenge such final determination in a court action, administrative\nproceeding or any other form of legal recourse against the commissioner,\nthe department of taxation and finance, the state board of real property\ntax services, the assessor or other person having custody or control of\nthe assessment roll or tax roll regarding such action.\n  5. Notice requirement. (a) Generally. Every school district shall\nnotify, or cause to be notified, each person owning residential real\nproperty in the school district of the provisions of this section. The\nprovisions of this subdivision may be met by a notice sent to such\npersons in substantially the following form: "Residential real property\nmay qualify for a partial exemption from school district taxes under the\nNew York state school tax relief (STAR) program. To receive such\nexemption, owners of qualifying property must file an application with\ntheir local assessor on or before the applicable taxable status date.\nFor further information, please contact your local assessor."\n  (d) Third party notice. (i) A senior citizen eligible for the enhanced\nexemption may request that a notice be sent to an adult third party.\nSuch request shall be made on a form prescribed by the commissioner and\nshall be submitted to the assessor of the assessing unit in which the\neligible taxpayer resides no later than sixty days before the first\ntaxable status date to which it is to apply. Such form shall provide a\nsection whereby the designated third party shall consent to such\ndesignation. Such request shall be effective upon receipt by the\nassessor. The assessor shall maintain a list of all eligible property\nowners who have requested notices pursuant to this paragraph and shall\nfurnish a copy of such list to the department upon request.\n  (ii) A notice shall be sent to the designated third party whenever the\nassessor or department sends a notice to the senior citizen regarding\nthe possible removal of the enhanced STAR exemption. When the exemption\nis subject to removal because the commissioner has determined that the\nincome eligibility requirement is not satisfied, such notice shall be\nsent to the third party by the department. When the exemption is subject\nto removal because the assessor has determined that any other\neligibility requirement is not satisfied, such notice shall be sent to\nthe third party by the assessor. Such notice shall read substantially as\nfollows:\n  "On behalf of (identify senior citizen or citizens), you are advised\nthat his, her, or their enhanced STAR exemption is at risk of being\nremoved. You are encouraged to make sure that he, she or they are aware\nof that fact, and to offer assistance if needed, although you are under\nno legal obligation to do so. Your cooperation and assistance are\ngreatly appreciated."\n  (iii) The obligation to mail such notices shall cease if the eligible\ntaxpayer cancels the request or ceases to qualify for the enhanced STAR\nexemption.\n  (e) Notice not mailed or received. Failure to mail any notice required\nby this subdivision, or the failure of a party to receive same, shall\nnot affect the validity of the levy, collection, or enforcement of taxes\non property owned by such person, or in the case of a third party\nnotice, on property owned by the senior citizen.\n  6. Application procedure. (a) Generally. All owners of the property\nwho primarily reside thereon and who are not subject to the provisions\nof subdivision sixteen of this section must jointly file an application\nfor exemption with the assessor on or before the appropriate taxable\nstatus date. Such application may be filed by mail if it is enclosed in\na postpaid envelope properly addressed to the appropriate assessor,\ndeposited in a post office or official depository under the exclusive\ncare of the United States postal service, and postmarked by the United\nStates postal service on or before the applicable taxable status date.\nEach such application shall be made on a form prescribed by the\ncommissioner, which shall require the applicant or applicants to agree\nto notify the assessor if their primary residence changes while their\nproperty is receiving the exemption. The assessor may request that proof\nof residency be submitted with the application. If the applicant\nrequests a receipt from the assessor as proof of submission of the\napplication, the assessor shall provide such receipt. If such request is\nmade by other than personal request, the applicant shall provide the\nassessor with a self-addressed postpaid envelope in which to mail the\nreceipt.\n  (a-1) Final date for exemption application in the city of New York.\nNotwithstanding the provisions of this section or any other provision of\nlaw, in the city of New York, applications for the exemption authorized\npursuant to this section shall be considered timely filed if they are\nfiled on or before the fifteenth day of March of the appropriate year\nand in such city all references in this section to taxable status date\nshall be deemed to refer to the fifteenth day of March of the\nappropriate year.\n  (a-2) Notwithstanding any provision of law to the contrary, when a\nproperty owner of a property with a basic STAR exemption believes they\nhave become eligible for the enhanced STAR exemption but their basic\nSTAR exemption has not been changed to an enhanced STAR exemption\npursuant to the provisions of paragraph (b) of subdivision four-b of\nthis section, the owner may, no later than the last day for paying\nschool taxes without incurring interest or penalty, submit a request to\nthe commissioner asking the commissioner to grant the exemption. Such\nrequest shall be in a form prescribed by the commissioner and shall\ncontain an explanation of why the property owner believes they have\nbecome eligible for the enhanced STAR exemption. After consulting with\nthe assessor, the commissioner may grant the exemption if the\ncommissioner is satisfied that the applicant is entitled to the\nexemption. The commissioner shall mail notice of such determination to\nsuch owner and the assessor. If the determination states that the\ncommissioner has granted the exemption, the assessor shall thereupon be\nauthorized and directed to correct the assessment roll accordingly, or,\nif another person has custody or control of the assessment roll, to\ndirect that person to make the appropriate corrections. Provided,\nhowever, that if the assessment roll cannot be corrected in time for the\nexemption to appear on the applicant's school tax bill, the commissioner\nshall be authorized to remit directly to the applicant the tax savings\nthat the STAR exemption would have yielded if it had appeared on the\napplicant's tax bill. The amounts so payable shall be paid from the\naccount established for the payment of STAR benefits to late registrants\npursuant to subparagraph (iii) of paragraph (a) of subdivision fourteen\nof this section.\n  (b) Approval or denial of application. If the assessor is satisfied\nthat the applicant or applicants are entitled to an exemption pursuant\nto this section, he or she shall approve the application and such real\nproperty shall thereafter be exempt from school district taxation as\nprovided herein. If the assessor determines that the applicant or\napplicants are not entitled to an exemption pursuant to this section, he\nor she shall, not later than ten days prior to the date for hearing\ncomplaints in relation to assessments, mail to each applicant not\nentitled to the exemption a notice of denial of that application for the\nexemption herein for that year; except that in the city of New York,\nsuch notice shall be mailed not later than thirty days prior to the\nfinal date for filing an assessment appeal as set forth in paragraph\n(b-1) of this subdivision. The notice of denial shall specify each\nreason for such denial and shall be sent on a form prescribed by the\ncommissioner. Failure to mail any such notice of denial or the failure\nof any person to receive such notice shall not prevent the levy,\ncollection and enforcement of the taxes on property owned by such\nperson.\n  (b-1) Final date for filing assessment appeal in the city of New York.\nNotwithstanding any other provision of law, in the city of New York, the\nfinal date for filing an assessment appeal with respect to the denial of\napplications pursuant to this section only shall be the thirty-first day\nof May of the appropriate year. With respect to assessment appeals filed\npursuant to this paragraph after the final date for filing an assessment\nappeal as set forth in chapter seven of the New York city charter, the\nonly issues that will be determined by the tax commission are those that\nrelate to the denial of an application for exemption pursuant to this\nsection.\n  (d) Prior year assessment rolls. (i) Where school district taxes are\nlevied upon prior year assessment rolls, the assessing unit may adopt a\nlocal law allowing STAR applications for each school year to be\nsubmitted on or before the taxable status date of the current year's\nassessment roll. Such local law shall apply to assessment rolls based\nupon taxable status dates occurring on or after the effective date of\nsuch local law and shall remain applicable thereafter unless and until\nit should be repealed or rescinded.\n  (ii) When such a local law is in effect the eligibility of property\nfor a STAR exemption for a school year shall be based upon the condition\nof the property as of the taxable status date of the prior year's\nassessment roll, and the ownership of the property as of the taxable\nstatus date of the current year's assessment roll. When a STAR\napplication is approved, the prior year's assessment roll shall be\nrevised accordingly. When a STAR application is denied, the applicant\nmay seek administrative and judicial review of the denial, subject to\nthe same timing constraints that apply to persons seeking review of\nassessments appearing on the current year's assessment roll.\n  (iii) For purposes of this paragraph, the term "current year's\nassessment roll" means the final assessment roll which is required by\nlaw to be completed in the calendar year that contains the first day of\nthe school year in question, and the term "prior year's assessment roll"\nmeans the final assessment roll which was required by law to be\ncompleted in the calendar year immediately preceding the calendar year\nthat contains the first day of the school year in question.\n  (e) Except in the city of New York, notwithstanding the provisions of\nparagraph (a) of this subdivision, an application for such exemption may\nbe filed with the assessor after the appropriate taxable status date but\nnot later than the last date on which a petition with respect to\ncomplaints of assessment may be filed, where failure to file a timely\napplication resulted from: (i) a death of the applicant's spouse, child,\nparent, brother or sister; or (ii) an illness of the applicant or of the\napplicant's spouse, child, parent, brother or sister, which actually\nprevents the applicant from filing on a timely basis, as certified by a\nlicensed physician. The assessor shall approve or deny such application\nas if it had been filed on or before the taxable status date.\n  7. Entry on assessment roll. (a) The assessed value of any exemption\ngranted pursuant to this section shall be entered by the assessor on the\nassessment roll with the taxable property, with the amount of the\nexemption entered in a separate column.\n  (b) The exemption provided by this section shall be applied after all\nother exemptions allowed by law have been subtracted from the total\nassessed value of the parcel, notwithstanding the provisions of any law\nto the contrary.\n  (c) In no event shall the exemption authorized by this section exceed\nthe total assessed value of the parcel less all other exemptions allowed\nby law.\n  (d) Where a person is the owner of a present interest in a parcel\nunder a life estate, or is a vendee in possession under an installment\ncontract of sale, or is a beneficial owner under a trust, or resides\nprimarily in a dwelling which is owned by a corporation or partnership\nbut is nonetheless eligible for exemption pursuant to paragraph (d) or\n(e) of subdivision three of this section, and that person has applied\nfor and been granted an exemption pursuant to this section, that person\nshall be deemed to be the owner of the parcel for purposes of this\nsection and section five hundred two of this chapter. Provided that\nduplicate tax statements shall be sent upon request to the remainderman,\nvendor, trustee, or corporation or partnership that owns the dwelling,\nwhichever is applicable; provided further that the provisions of section\nnine hundred twenty-three of this chapter regarding the issuance of\nduplicate tax statements in certain cases shall apply to such requests\nso far as practicable. Nothing contained in this subdivision shall be\nconstrued as affecting in any way the validity or enforceability of a\nreal property tax, or the applicability of interest or penalties with\nrespect thereto, when an owner's name has not been accurately recorded\nor when a duplicate tax statement is not sent or received.\n  8. Effect of exemption. The exemption authorized by this section shall\nhave the effect specified in section one thousand three hundred six-a of\nthis chapter. The exemption shall not be considered when determining\nstate aid to education pursuant to section thirty-six hundred two of the\neducation law, when determining school district debt limits pursuant to\nlaw, when determining the amount of taxes to be levied by or on behalf\nof a school district, when calculating tax rates for a school district,\nwhen apportioning taxes between or among school districts, when\napportioning taxes among classes in a special assessing unit under\narticle eighteen of this chapter, or when apportioning taxes between\nclasses in an approved assessing unit under article nineteen of this\nchapter.\n  9-a. Duration of exemption; basic exemption. The basic exemption, once\ngranted, shall remain in effect until discontinued in the manner\nprovided in this section.\n  9-b. Duration of exemption; enhanced exemption. (a) The enhanced\nexemption, once granted, shall remain in effect until discontinued in\nthe manner provided in this section.\n  (b) The assessor shall review the continued compliance of recipients\nof the enhanced exemption with the applicable ownership and residency\nrequirements to the same extent as if they were receiving a basic STAR\nexemption.\n  10. Proof of residency. (a) Requests. From time to time, the assessor\nmay request proof of residency from the owner or owners of any property\nwhich is exempt pursuant to this section. In addition, the assessor\nshall request proof of residency from any such owner or owners when\nrequested to do so by the commissioner.\n  (b) Timing. A request for proof of residency shall be mailed at least\nsixty days prior to the ensuing taxable status date. The owner or owners\nshall submit proof of their residency to the assessor on or before the\nensuing taxable status date.\n  (c) Review of submission. The burden shall be on the owner or owners\nto establish that the property is their primary residence. If they\nsubmit proof of residency on or before the ensuing taxable status date,\nand the submission demonstrates to the assessor's satisfaction that the\nproperty is the primary residence of one or more of the owners thereof,\nand if the requirements of this section are otherwise satisfied, the\nexemption shall continue in effect on the ensuing tentative assessment\nroll.  Otherwise, the assessor shall discontinue the exemption on the\nnext ensuing tentative assessment roll as provided herein, and, where\nappropriate, shall proceed as further provided herein.\n  11. Discontinuance of exemption. (a) Generally. The assessor shall\ndiscontinue any exemption granted pursuant to this section if it appears\nthat: (i) the property may not be the primary residence of the owner or\nowners who applied for the exemption, (ii) title to the property has\nbeen transferred to a new owner or owners, or (iii) the property\notherwise may no longer be eligible for the exemption.\n  (b) Rights of owners. Upon determining that an exemption granted\npursuant to this section should be discontinued, the assessor shall mail\na notice so stating to the owner or owners thereof at the time and in\nthe manner provided by section five hundred ten of this chapter. Such\nowner or owners shall be entitled to seek administrative and judicial\nreview of such action in the manner provided by law, provided, that the\nburden shall be on such owner or owners to establish eligibility for the\nexemption.\n  (c) Transfers of title. When the assessor has received a report\npursuant to section five hundred seventy-four of this chapter of a\ntransfer of title to real property which is exempt pursuant to this\nsection, the assessor shall discontinue the exemption as required by\nsubdivision sixteen of this section. The assessor shall not implement\nthe provisions of section five hundred twenty of this chapter upon such\na transfer, except to the extent that the property may also be receiving\none or more other exemptions.\n  (d) Notice not mailed or received. The failure to mail any such notice\nor application, or the failure of the owner or owners to receive the\nsame, shall not prevent the levy, collection and enforcement of the\npayment of the taxes on such real property.\n  12. Revocation of prior exemptions. (a) Generally. In addition to\ndiscontinuing the exemption on the next ensuing tentative assessment\nroll, if the assessor determines that the property improperly received\nthe exemption on one or more of the six preceding assessment rolls,\nprovided that final assessment rolls that were filed prior to April\nfirst, two thousand ten shall not be subject to the provisions of this\nsubdivision, or is advised by the department that the applicable income\nstandard was not satisfied with regard to a property which received the\nenhanced exemption on one or more of those rolls, he or she shall\nproceed to revoke the improperly granted prior exemption or exemptions.\nIf the assessor is advised that the department was unable to verify the\nincome eligibility of one or more participants in the income\nverification program, the assessor shall mail that person or those\npersons a notice in a form prescribed by the department requesting that\nthe person or persons document their income in the same manner and to\nthe same extent as if the person or persons were submitting an initial\napplication for the enhanced STAR exemption. If such income\ndocumentation is not provided within forty-five days of such request, or\nif the documentation provided does not establish the eligibility of the\nperson or persons to the assessor's satisfaction, the assessor shall\ntreat the exemption as an improperly granted exemption and proceed in\nthe manner provided by this subdivision.\n  (b) Procedure. The assessed value attributable to each such improperly\ngranted exemption shall be entered separately on the next ensuing\ntentative or final assessment roll. The provisions of section five\nhundred fifty-one or five hundred fifty-three of this chapter, relating\nto the entry by the assessor of omitted real property on a tentative or\nfinal assessment roll, shall apply so far as practicable to the\nrevocation procedure in this subdivision, except that:\n  (i) the tax rate to be applied to any revoked exemption shall be the\ntax rate that was applied to the corresponding assessment roll,\n  (ii) interest shall then be added to each such product at the rate\nprescribed by section nine hundred twenty-four-a of this chapter or such\nother law as may be applicable for each month or portion thereon since\nthe levy of taxes upon the assessment roll or rolls upon which the\nexemption was granted, and\n  (iii) for improperly granted STAR exemptions occurring on assessment\nrolls filed on and after April first, two thousand thirteen, a\nprocessing fee of five hundred dollars shall be added. Such processing\nfee imposed pursuant to this subdivision shall be retained by the\nassessing unit and the state shall be entitled to no part thereof.\n  (c) Rights of owners. Each owner or owners shall be given notice of\nthe possible revocation under this subdivision of their exemption or\nexemptions at the time and in the manner provided by section five\nhundred ten or five hundred fifty-three of this chapter, and shall be\nentitled to seek administrative and judicial review of such action in\nthe manner provided by law.\n  (d) Applicability. The provisions of this subdivision shall not be\napplicable to the extent that the prior exemptions shall have been\nrenounced pursuant to section four hundred ninety-six of this article.\n  (e) Records retention. Nothing in this section shall be construed to\nimpose upon an assessor a duty to retain records for a period longer\nthan the period prescribed pursuant to the arts and cultural affairs\nlaw, or to require an assessor to conduct a review of a taxpayer's\neligibility when the assessor has disposed of the relevant records in\naccordance with such law.\n  13. Penalty for material misstatements. (a) Generally. If the assessor\nshould determine that there was a material misstatement on an\napplication for exemption pursuant to this section that was filed on or\nafter October first, two thousand ten, he or she shall proceed to impose\na penalty tax against the property. If the application was filed prior\nto October first, two thousand thirteen, the penalty tax shall be one\nhundred dollars, provided that the assessor's determination must be made\nwithin three years of the filing of the application. If the application\nwas filed on or after October first, two thousand thirteen, the penalty\ntax shall be either one hundred dollars or twenty percent of the\nimproperly received tax savings, whichever is greater not to exceed two\nthousand five hundred dollars, provided further that the assessor's\ndetermination must be made within six years of the filing of the\napplication. An application shall be deemed to contain a material\nmisstatement for this purpose when either:\n  (i) the applicant or applicants claimed that the property was their\nprimary residence, when it was not; or\n  (ii) the applicant or applicants claimed that they had relinquished\nthe STAR exemption on their former primary residence, when they knew\nthey had not; or\n  (iii) in the case of an application for the enhanced exemption for\nproperty owned by senior citizens, the applicant or applicants\nmisrepresented their age or income so as to appear eligible for such\nexemption, when they were not.\n  (b) Procedure. When the assessor determines that a penalty tax should\nbe imposed, the penalty tax shall be entered on the next ensuing\ntentative or final assessment roll. The procedures set forth in section\nfive hundred fifty-one or five hundred fifty-three of this chapter,\nrelating to the entry by the assessor of omitted real property on a\ntentative or final assessment roll, shall apply so far as practicable\nwhen imposing a penalty tax pursuant to this subdivision. Each owner or\nowners shall be given notice of the possible imposition of a penalty tax\nat the time and in the manner provided by section five hundred ten or\nfive hundred fifty-three of this chapter, and shall be entitled to seek\nadministrative and judicial review of such action in the manner provided\nby law. Any penalty tax imposed pursuant to this subdivision shall be\nretained by the assessing unit and the state shall be entitled to no\npart thereof.\n  (c) Additional consequences. A penalty tax may be imposed pursuant to\nthis subdivision whether or not the improper exemption has been revoked\nin the manner provided by this section. In addition, a person or persons\nwho are found to have made a material misstatement shall be disqualified\nfrom further exemption pursuant to this section, and if such\nmisstatement appears on an application filed on or after April first,\ntwo thousand nineteen, from the credit authorized by subsection (eee) of\nsection six hundred six of the tax law, for a period of six years. In\naddition, such person or persons may be subject to prosecution pursuant\nto the penal law.\n  (d) Applicability. The provisions of this subdivision shall not be\napplicable to the extent that the prior exemptions shall have been\nrenounced pursuant to section four hundred ninety-six of this article.\n  (e) Records retention. Nothing in this section shall be construed to\nimpose upon an assessor a duty to retain records for a period longer\nthan the period prescribed pursuant to the arts and cultural affairs\nlaw, or to require an assessor to conduct a review of a taxpayer's\neligibility when the assessor has disposed of the relevant records in\naccordance with such law.\n  (f) Assessor notification. The assessor shall inform the commissioner\nwhenever a person or persons is found to have made a material\nmisstatement on an application for the exemption authorized by this\nsection.\n  14. STAR registration program. (a) The commissioner shall establish\nand implement a program under which all owners of properties initially\napplying for and those receiving a basic STAR exemption shall be\nrequired to be registered with the commissioner in the manner, at such\nintervals, and by the date or dates prescribed by the commissioner,\nprovided that:\n  (i) Owners of properties that are receiving the basic STAR exemption\nduring the two thousand twelve--two thousand thirteen school year shall\nbe required to initially register with the commissioner no later than\nApril first, two thousand fourteen;\n  (ii) The commissioner shall provide written notice of the registration\nrequirement to such owners at least sixty days before the registration\ndeadline established pursuant to subparagraph (i) of this paragraph;\n  (iii) An owner who fails to register by the registration deadline so\nestablished shall be permitted to file a petition with the commissioner\nrequesting that the commissioner excuse such failure and accept a late\nregistration, provided that such petition shall explain why such failure\noccurred and shall be filed no later than one year after such deadline,\nand provided further that if the commissioner accepts a late\nregistration after having directed the removal of the Basic STAR\nexemption from the property to which the registration pertains, then in\nlieu of directing the exemption to be restored, the commissioner is\nauthorized in his or her discretion to remit directly to the property\nowner or owners the tax savings that the exemption would have yielded\nhad it not been removed, and to further direct the assessor to restore\nthe exemption on a prospective basis without a new application unless\nthe assessor has reason to believe that the property owner is no longer\neligible for reasons other than a failure to register;\n  (iv) After the initial registration program has been implemented, the\ncommissioner shall endeavor to confirm the continuing eligibility of\nSTAR recipients through means other than re-registration, such as by\nreviewing the relevant data appearing on personal income tax returns.\nThe commissioner may reinstate the registration requirement, provided\nthat in no event may the commissioner require registered STAR recipients\nto re-register more than once in a three-year period if their primary\naddresses have not changed.\n  (b) Notwithstanding any provision of law to the contrary, the\ncommissioner shall direct the removal or denial of a STAR exemption if\nhe or she finds that one or more of the following conditions exist:\n  (i) all owners of the property have not been registered by the\nprescribed date and no acceptable justification has been presented for\nsuch failure;\n  (ii) the owners of the property are improperly receiving multiple STAR\nexemptions;\n  (iii) the property does not serve as the primary residence of any of\nits owners;\n  (iv) the applicable income limitation has been exceeded; or\n  (v) the property is otherwise ineligible for the STAR exemption.\n  (c) When the commissioner determines that a property is ineligible for\na STAR exemption, notice of such determination and an opportunity for\nreview thereof shall be provided in the manner set forth in subdivision\nfour-b of this section.\n  (e) The commissioner shall be entitled to utilize information from any\nfilings of a taxpayer with the department of taxation and finance in\nconjunction with the STAR registration program.\n  14-a. Implementation of certain eligibility determinations. When a\ntaxpayer's eligibility for exemption under this section for a school\nyear is affected by a determination made in accordance with subparagraph\n(iv) of paragraph (b) of subdivision four of this section or paragraph\n(c) or (d) of subdivision fourteen of this section, and the\ndetermination is made after the school district taxes for that school\nyear have been levied, the provisions of this subdivision shall be\napplicable.\n  (a) If the determination restores or increases the taxpayer's\nexemption for that school year, the commissioner is authorized to remit\nthe excess directly to the property owner upon receiving confirmation\nthat the taxpayer's original school tax bill has been paid in full. The\namounts payable by the commissioner under this paragraph shall be paid\nfrom the account established for the payment of STAR benefits to late\nregistrants pursuant to subparagraph (iii) of paragraph (a) of\nsubdivision fourteen of this section. When the commissioner implements\nthe determination in this manner, he or she shall so notify the assessor\nand county director of real property tax services, but no correction\nshall be made to the assessment roll or tax roll for that school year,\nand no refund shall be issued by the school authorities to the property\nowner or his or her agent for the excessive amount of school taxes paid\nfor that school year.\n  (b) If the determination removes, denies or decreases the taxpayer's\nexemption for that school year, the commissioner is authorized to\ncollect the shortfall directly from the owners of the property, together\nwith interest, by utilizing any of the procedures for collection, levy,\nand lien of personal income tax set forth in article twenty-two of the\ntax law, and any other relevant procedures referenced within the\nprovisions of such article. When the commissioner implements the\ndetermination in this manner, he or she shall so notify the assessor and\ncounty director of real property tax services, but no correction shall\nbe made to the assessment roll or tax roll for that school year, and no\ncorrected school tax bill shall be sent to the taxpayer for that school\nyear.\n  15. Recoupment of exemptions by commissioner. (a) Generally. If the\ncommissioner should determine, based upon data collected under the STAR\nregistration program, that property improperly received the basic STAR\nexemption in the current school year or one or more of the three\npreceding school years, the commissioner shall treat the exemption as an\nimproperly granted exemption and proceed in the manner provided by this\nsubdivision; provided that final assessment rolls that were filed prior\nto April first, two thousand eleven shall not be subject to the\nprovisions of this subdivision.\n  (b) Procedure. The tax savings attributable to each such improperly\ngranted exemption shall be collected from the owners whose property\nimproperly received the exemption for the applicable year, together with\ninterest as specified in this subdivision, by utilizing any of the\nprocedures for collection, levy, and lien of personal income tax set\nforth in article twenty-two of the tax law, any other relevant\nprocedures referenced within the provisions of that article, and any\nother law as may be applicable, so far as practicable when recouping the\nexemption amount pursuant to this subdivision, except that:\n  (i) in order for the recoupment procedure to be considered timely, the\nnotice required by subparagraph (ii) of this paragraph must be mailed no\nlater than three years after the conclusion of the school year for which\nthe exemption in question was granted, or in the case of an exemption\nthat was granted for the two thousand twelve--two thousand thirteen\nschool year, no later than September thirtieth, two thousand sixteen;\n  (ii) When the commissioner determines that a property is ineligible\nfor a STAR exemption, notice of such determination and an opportunity\nfor review thereof shall be provided in the manner set forth in\nsubdivision four-b of this section.\n  (c) The amount to be recouped for each improperly received exemption\nshall have interest added at the rate prescribed by section nine hundred\ntwenty-four-a of this chapter or such other law as may be applicable for\neach month or portion thereof since the levy of school taxes upon such\nassessment roll.\n  (d) In the event that a revocation of prior exemption pursuant to\nsubdivision twelve of this section or a voluntary renunciation of the\nSTAR exemption pursuant to section four hundred ninety-six of this\narticle has occurred, the provisions of this subdivision shall not be\napplicable to the exemptions so revoked or voluntarily renounced.\n  15-a. Direct payments. Notwithstanding any provision of law to the\ncontrary, when the commissioner finds that a property owner was eligible\nfor the STAR exemption authorized by this section on an assessment roll,\nbut the exemption was not taken into account in the calculation of the\nproperty owner's school tax bill due to an administrative error, and the\nproperty owner or his or her agent paid an excessive amount of school\ntaxes on the property as a result, the commissioner is authorized to\nremit directly to the property owner the tax savings that the STAR\nexemption would have yielded if the STAR exemption had been taken into\naccount in the calculation of that taxpayer's school tax bill. The\namounts payable under this section shall be paid from the account\nestablished for the payment of STAR benefits to late registrants\npursuant to subparagraph (iii) of paragraph (a) of subdivision fourteen\nof this section. Where such a payment has been made, neither the\nproperty owner nor his or her agent shall be entitled to a refund of the\nexcessive amount of school taxes paid on account of the administrative\nerror.\n  16. Transition to personal income tax credit. (a) Beginning with\nassessment rolls used to levy school district taxes for the two thousand\nsixteen--two thousand seventeen school year, no application for an\nexemption under this section may be approved unless at least one of the\napplicants held title to the property on the taxable status date of the\nassessment roll that was used to levy school district taxes for the two\nthousand fifteen--two thousand sixteen school year and the property was\ngranted an exemption pursuant to this section on that assessment roll.\nIn the event that an application is submitted to the assessor that\ncannot be approved due to this restriction, the assessor shall notify\nthe applicant that he or she is required by law to deny the application,\nbut that, in lieu of a STAR exemption, the applicant may claim the\npersonal income tax credit authorized by subsection (eee) of section six\nhundred six of the tax law if eligible, and that the applicant may\ncontact the department of taxation and finance for further information.\nThe commissioner shall provide a form for assessors to use, at their\noption, when making this notification. No STAR exemption may be granted\non the basis of an application that is not approvable due to this\nrestriction.\n  (b) Where property received an exemption pursuant to this section on\nan assessment roll used to levy school district taxes for the two\nthousand fifteen--two thousand sixteen school year, and at least one of\nits owners held title to the property on the taxable status date of such\nassessment roll, the exemption shall continue to be granted on\nsubsequent assessment rolls without regard to the provisions of this\nsubdivision as long as all applicable requirements of this section are\nsatisfied. In addition, such exemption shall be subject to modification\nas follows:\n  (i) A basic STAR exemption shall be changed to an enhanced STAR\nexemption if the owners and spouses primarily residing on the property\nfile a timely application showing that their ages and incomes meet the\nrequirements of subdivision four of this section.\n  (ii) An enhanced STAR exemption shall be changed to a basic STAR\nexemption if the combined income of the owners and spouses primarily\nresiding on the property increases above the limit set by subdivision\nfour of this section, subject to the provisions of subparagraph (iii) of\nthis paragraph, provided that if their combined income falls below the\nlimit set by subdivision four of this section in the future, their\nenhanced STAR exemption may be resumed upon timely application.\n  (iii) A STAR exemption shall be discontinued if the combined income of\nthe owners and spouses primarily residing on the property increases\nabove the limit set by subdivision three of this section, provided that\nif their income falls below such limit in the future, their STAR\nexemption may be resumed upon timely application.\n  (iv) A STAR exemption shall be permanently discontinued if the owners\nfail to satisfy the applicable residency or ownership requirement, or\nboth.\n  (c) If the owners of a parcel that is receiving the STAR exemption\nauthorized by this section want to claim the personal income tax credit\nauthorized by subsection (eee) of section six hundred six of the tax law\nin lieu of such exemption, they may do so by switching to the credit in\nthe manner provided by subdivision seventeen of this section.\nAlternatively, they may renounce that exemption and make any required\npayments in the manner provided by section four hundred ninety-six of\nthis chapter. Any such switch to the credit or renunciation shall be\nirrevocable.\n  (d) Notwithstanding the foregoing provisions of this subdivision,\nwhere a property served as the primary residence of a married couple on\nthe taxable status date of the assessment roll that was used to levy\nschool district taxes for the two thousand fifteen--two thousand sixteen\nschool year, but only one of the spouses held title to the property on\nthat taxable status date, and that spouse has since died and his or her\ninterest in the property has been inherited by his or her surviving\nspouse, the surviving spouse shall be entitled to apply for and receive\nan exemption under this section to the same extent as if he or she had\nheld title to the property on that taxable status date.\n  (e) The provisions of this subdivision shall apply to all applications\nfor STAR exemptions beginning with assessment rolls used to levy school\ndistrict taxes for the two thousand sixteen--two thousand seventeen\nschool year, including those submitted prior to the effective date of\nthis subdivision. If any application was approved prior to the effective\ndate of this subdivision that is not approvable hereunder, such approval\nshall be deemed void, and the assessor shall provide the applicant with\nthe notice required by paragraph (a) of this subdivision, provided that\nif a STAR exemption is granted on a tentative or final assessment roll\nor tax roll on the basis of an application that is not approvable\nhereunder, the assessor, or other local official or officials having\ncustody and control of such roll, is hereby authorized and directed to\nremove such exemption from such roll without regard to the provisions of\ntitle three of article five of this chapter or any comparable laws\ngoverning the correction of administrative errors on assessment rolls\nand tax rolls, notwithstanding any provision of law to the contrary. If\nan application was submitted prior to the effective date of this\nsubdivision but is not approvable hereunder, the applicant may apply for\nadvance payment of the personal income tax credit authorized by\nsubsection (eee) of section six hundred six of the tax law for the two\nthousand sixteen taxable year, if eligible, in the manner provided by\nparagraph ten of such subsection, even if the property was acquired\nprior to January first of the taxable year.\n  17. Switching to the STAR credit. (a) The commissioner shall develop\nprocedures to enable property owners to switch from the STAR exemption\nto the STAR credit in as simple and expeditious a manner as practicable.\n  (b) Such procedures may allow STAR exemption recipients to switch to\nthe STAR credit in the course of applying for the STAR credit. When an\napplicant does so, the commissioner shall advise the appropriate\nassessor as soon as practicable that such individual is switching or has\nswitched to the STAR credit, that no further STAR exemptions may be\ngranted to the property in question after the switch takes effect, and\nif appropriate, that the property's STAR exemption should be removed\nfrom the most recently filed assessment roll and/or the forthcoming\nassessment roll. The assessor or other party having custody and control\nof the assessment roll shall thereupon be authorized and directed to\nproceed accordingly.\n  (c) Such procedures may also set forth instances under which the\ncommissioner may direct such a switch to the STAR credit to be deferred\nfor one year, with the resulting differential, if any, to be added to\nthe applicant's initial STAR credit. As used in this subdivision, the\nterm "resulting differential" means the amount by which the STAR credit\nthat the applicant did not receive due to the deferral of the switch\nexceeds the STAR exemption tax savings that the applicant did receive\ndue to the deferral of the switch. The commissioner is specifically\nauthorized to direct a switch to the STAR credit to be so deferred under\nthe following circumstances:\n  (i) A STAR credit switch may be deferred if the application for the\ncredit is submitted after a cutoff date set by the commissioner. When\nsetting a cutoff date, the commissioner shall take into account the time\nrequired to ensure that the STAR exemptions of all STAR credit\napplicants in the assessing unit will be removed before school tax bills\nare prepared. The commissioner shall specify the applicable cutoff dates\nafter taking into account local assessment calendars, provided that\ndifferent cutoff dates may be set for municipalities with different\nassessment calendars, and provided further that any such cutoff date may\nbe no earlier than the fifteenth day prior to the date on which the\napplicable final assessment roll is required by law to be completed and\nfiled.\n  (ii) A STAR credit switch may be deferred if the application is\nsubmitted after school tax bills have been prepared, but before the\nfirst day of January of the following year, or such later date as the\ncommissioner shall establish.\n  (iii) A STAR credit switch may be deferred if the applicant's STAR\nexemption is not removed from the applicable assessment roll in a timely\nmanner due to inadvertence or other reasons.\n  (d) Such procedures may also provide that Basic STAR exemption\nrecipients whose incomes exceeds the limit applicable to that exemption\nmay be automatically enrolled in and switched to the Basic STAR credit\nif their incomes do not exceed the limit applicable to that credit. Each\naffected individual shall be notified of the switch as soon as\npracticable. Each such notice shall also advise the individual either\nthat the commissioner has determined that the individual is eligible for\nthe credit, or that the individual must furnish additional information\nto enable the commissioner to determine the individual's eligibility, as\nthe case may be. In either case, once the individual receives a STAR\ncredit check and deposits or endorses it, he or she shall be deemed to\nhave consented to the switch and shall not be permitted to switch back\nto the exemption.\n
N.Y. EDN Law § 2609 — New York Code / Act EDN / Title 2 / Article 53 / Section 2609
Conduct of election; challenges
Status: in_force

§ 2609. Conduct of election; challenges. 1. Such elections shall be\nconducted, so far as may be, in accordance with the provisions of the\nelection law, relative to general elections, except as otherwise\nprovided herein. Ballot boxes shall be provided by the board of\neducation for each school election district, at least one to contain the\nballots voted and at least one other for the rejected or defective\nballots.\n  2. All persons whose names appear upon the register prepared for such\nelection as residing in such election district shall be permitted to\nvote and shall be given ballots for such purpose.\n  Where the general election registers have been turned over to the\nboard of education, the board may require that the registers be used on\nelection day for the purpose of verifying the signature of each voter.\nWhere the board of elections, or other authority having lawful custody\nof the register or registers, has elected to furnish certified registry\nlists in place of the original registers, the board of education may\nrequire that any voter offer evidence to prove his identity before being\npermitted to vote. In such case, not less than ten days prior to\nelection day, the board shall establish reasonable rules and regulations\ngoverning the evidence necessary to prove the identity of each voter.\n  3. Booths shall be provided and voters shall be required to enter such\nbooths for the purpose of marking their ballots. The ballots when\npresented to the inspector shall be folded so as to conceal the names of\nthe candidates for whom the voter has voted.\n  4. All voters entitled to vote who are in the place where the election\nis held at or before the time of closing the polls shall be allowed to\nvote. The inspectors shall keep a poll list, containing the name and\naddress of each qualified elector who votes at such election for the\ncandidates or propositions voted for thereat.\n  4-a. (a) At each such election there shall be conspicuously placed, by\nthe inspectors of election, distance markers at a distance of one\nhundred feet from the polling place. Such distance markers shall\nindicate the prohibition contained in paragraph (b) of this subdivision\nand shall be so placed at least one-half hour before the opening of the\npolls and shall remain until the polls are closed.\n  (b) Where such markers are so placed and the polls are open, no person\nshall do any electioneering within the polling place, or within one\nhundred feet therefrom in any public street, or within such distance in\nany place in a public manner and no banner, poster or placard on behalf\nof or in opposition to any candidate or issue to be voted upon shall be\nallowed in or upon the polling place or within one hundred feet\ntherefrom during the election. For the purposes of this subdivision, the\none hundred foot distance shall be deemed to include a one hundred foot\nradial measured from the entrances, designated by the inspectors of\nelection, to a building where such election is being held. This section\nshall not be deemed to prohibit the board of trustees or board of\neducation from displaying within any polling place a copy or copies of\nany proposition to be voted upon.\n  (c) Any person who wilfully violates the provisions of paragraph (b)\nof this subdivision shall be guilty of a misdemeanor.\n  5. Any qualified voter of a city school district may challenge the\nright of a person to vote at the time when he requests a ballot. All\npersons named upon the applicable register as having been challenged\nprior to the day of the election shall also be challenged before they\nare given ballots to vote. The chairman of the board of inspectors shall\nadminister to each person so challenged the following oath: "I do\nsolemnly swear (or affirm) that I am a citizen of the United States;\nthat I am of the age of eighteen years or more; that I have been an\ninhabitant of the State for the past year, a resident of the county for\nthe past four months and for the thirty days past an actual resident of\nthis city school district and am therefore qualified to vote at this\nelection." If the person challenged so swears or affirms, he shall be\npermitted to vote at such election; but if he shall refuse to so swear\nor affirm, he shall not be given a ballot or be permitted to vote.\n  6. A person who wilfully swears or affirms falsely as to his right to\nvote at such election after his right to vote has been challenged is\nguilty of perjury and may be punished in the manner provided by law for\nthe punishment of such crime. A person who is not qualified to vote at\nsuch election who shall vote thereat, although not challenged, shall be\nguilty of a misdemeanor, punishable by a fine of not less than\ntwenty-five dollars, or by imprisonment for not less than thirty days,\nor by both such fine and imprisonment.\n
N.Y. VAT Law § 252 — New York Code / Act VAT / Title 2 / Article 3 / Section 252
Exemption of certain in-transit vehicle registrations
Status: in_force

§ 252. Exemption of certain in-transit vehicle registrations. The\nprovisions of this chapter relative to the registration of motor\nvehicles and motorcycles and the display of number plates shall not\napply to motor vehicles or motorcycles having a temporary in-transit or\ntransporter registration or permit issued by another state directly to\nthe purchaser of such motor vehicle or motorcycle, but such exemption\nshall be valid until the expiration date appearing on such registration\nor permit or for a period of thirty days from the date of issuance of\nsuch registration or permit, whichever is less, for the purpose of\ntransporting the vehicle to the jurisdiction in which it will be\nregularly registered.\n
N.Y. RPT Law § 467-L — New York Code / Act RPT / Article 4 / Title 2 / Section 467-L
Rebate for owners of certain real property in the city of New York
Status: in_force

§ 467-l. Rebate for owners of certain real property in the city of New\nYork. 1. Generally. Notwithstanding any provision of any general,\nspecial or local law to the contrary, a city having a population of one\nmillion or more is hereby authorized and empowered to adopt and amend\nlocal laws in accordance with this section to grant a rebate of the\nannual tax of an eligible property, in the amount provided in this\nsection, for the fiscal year beginning on the first of July, two\nthousand twenty-one and ending on the thirtieth of June, two thousand\ntwenty-two to the owner of such eligible property, provided the\nqualified gross income of all the owners for whom such property serves\nas their primary residence was two hundred fifty thousand dollars or\nless in tax year two thousand twenty. Where the eligible property, other\nthan an eligible property that is a dwelling unit in residential\nproperty held in the cooperative form of ownership, is in arrears in the\npayment of real property taxes, assessments, and any other charges that\nare made a lien subject to the provisions of chapter three of title\neleven of the administrative code of the city of New York other than\nwater rents, sewer rents and sewer surcharges, such rebate shall be\napplied to any such unpaid real property taxes, assessments, and other\ncharges on the account of such eligible property. Where the eligible\nproperty is a dwelling unit in residential property held in the\ncooperative form of ownership and such residential property is in\narrears in the payment of real property taxes, assessments, and any\nother charges that are made a lien subject to the provisions of chapter\nthree of title eleven of the administrative code of the city of New York\nother than water rents, sewer rents and sewer surcharges, such rebate\nshall be applied to any unpaid real property taxes, assessments, and\nother charges on the account of such residential property in an amount\nequal to the proportionate share of the arrears of the dwelling unit.\nNotwithstanding any provision of this article to the contrary, an owner\nwhose property is receiving benefits pursuant to any other section of\nthis article shall not be prohibited from receiving a rebate authorized\npursuant to this section if such owner is otherwise eligible to receive\nsuch rebate.\n  2. Definitions. As used in this section the following terms shall have\nthe following meanings:\n  a. "Annual tax" means the amount of real property tax that is imposed\non a property for the fiscal year beginning on the first of July, two\nthousand twenty-one, determined after reduction for any amount for which\nsuch property is exempt, or which is abated, pursuant to applicable law,\nprovided that, for a property that is a dwelling unit in residential\nproperty held in the cooperative form of ownership, "annual tax" means\nthe amount of real property tax that is imposed on such residential\nproperty divided by the number of units within such residential\nproperty, including dwelling units and units used primarily for\nprofessional or commercial purposes, determined after reduction for any\namount for which such property that is a dwelling unit is exempt, or\nwhich is abated, pursuant to applicable law.\n  b. "Applicant" means an owner of an eligible property who, pursuant to\nsubdivision six of this section, may apply for the rebate authorized\npursuant to this section.\n  c. "Commissioner of finance" means the commissioner of finance of a\ncity having a population of one million or more, or such commissioner's\ndesignee.\n  d. "Eligible property" means a property that, beginning on or after\nJune fifteenth, two thousand twenty-two, serves as the primary residence\nof the owner of such property, and served as such owner's primary\nresidence during the ninety days prior to such date.\n  e. "Erroneous rebate" means:\n  (i) a rebate that was granted to an owner who was not entitled to a\nrebate under this section; or\n  (ii) a rebate that was granted or calculated in error under this\nsection.\n  f. "Owner" means one or more natural persons who, beginning on or\nafter June fifteenth, two thousand twenty-two, either:\n  (i) owns a property in fee simple absolute or as a tenant in common, a\njoint tenant or a tenant by the entirety;\n  (ii) is a tenant-stockholder of a cooperative apartment corporation\nwho resides in a portion of real property owned by such cooperative\napartment corporation, to the extent represented by their share or\nshares of stock in such corporation as determined by their proportional\nrelationship to the total outstanding stock of such corporation,\nincluding such stock owned by such corporation; or\n  (iii) owns a present interest in a property under a life estate or who\nis a beneficial owner under a trust.\n  g. "Immediate family member" means an owner's spouse, domestic\npartner, sibling or child.\n  h. "Property" means a one, two, or three family residence or a\ndwelling unit in residential property held in the cooperative or\ncondominium form of ownership. "Property" shall not include any vacant\nland.\n  i. "Proportionate share of the arrears of the dwelling unit" is the\nquotient of the amount of unpaid real property taxes, assessments, and\nother charges of a residential property held in the cooperative form of\nownership divided by the number of units therein, including dwelling\nunits and units used primarily for professional or commercial purposes.\n  j. "Qualified gross income" means the adjusted gross income for the\ntaxable year as reported for federal income tax purposes, or which would\nbe reported as adjusted gross income if a federal income tax return were\nrequired to be filed. In computing qualified gross income, the net\namount of loss reported on Federal Schedule C, D, E, or F shall not\nexceed three thousand dollars per schedule.\n  k. "Substantially higher" means no more than two hundred seventy-five\nthousand dollars.\n  3. Primary residence. Any local law adopted pursuant to this section\nshall establish a process by which an owner of a property shall\ndemonstrate primary residence, provided that such local law shall not\nrequire such demonstration from an owner who receives a real property\ntax exemption pursuant to section four hundred twenty-five of this title\nor a school tax relief credit pursuant to subsection (eee) of section\nsix hundred six of the tax law for such property for the fiscal year\ncommencing on the first of July, two thousand twenty-two.\n  4. Amount of rebate. The amount of the rebate to be provided by the\ncommissioner of finance shall be the lesser of one hundred fifty dollars\nor the annual tax imposed on the property.\n  5. Qualification for rebate for recipients of STAR credit or\nexemption.  The owner of an eligible property who receives a real\nproperty tax exemption pursuant to section four hundred twenty-five of\nthis title or a school tax relief credit pursuant to subsection (eee) of\nsection six hundred six of the tax law for the fiscal year commencing on\nthe first of July, two thousand twenty-two and satisfies the\nrequirements described in subdivision one of this section shall not be\nrequired to file, and shall not file, an application for the rebate\nauthorized pursuant to this section. To the extent the commissioner of\nfinance determines that such an owner is not entitled to the rebate\nauthorized pursuant to this section, the commissioner shall send to such\nowner a notice of denial of the rebate.\n  6. Qualification for rebate for owners of an eligible property who are\nnot recipients of STAR credit or exemption. a. Generally. The owner of\nan eligible property who does not receive a real property tax exemption\npursuant to section four hundred twenty-five of this title or a school\ntax relief credit pursuant to subsection (eee) of section six hundred\nsix of the tax law for the fiscal year commencing on the first of July,\ntwo thousand twenty-two may file an application for the rebate\nauthorized pursuant to this section, provided that, such owner satisfies\nthe requirements described in subdivision one of this section, and\nprovided, further, that for an eligible property that serves as the\nprimary residence of more than one owner, all such owners shall jointly\nfile an application for such rebate. Notwithstanding any provision of\nany general, special or local law to the contrary, an application for a\nrebate authorized pursuant to this section shall be filed by electronic\nmeans on or before the date or dates established in the local law\nadopted pursuant to this section. Upon a showing by an applicant that\nfiling an application by electronic means is not practicable for reasons\nincluding but not limited to lack of access to, or ability to use, the\ntechnology needed to file by electronic means, the commissioner of\nfinance may grant a waiver of the requirement to file such application\nby electronic means. No rebate shall be granted pursuant to this section\nunless the owner files such application within the time period or time\nperiods prescribed by the local law adopted pursuant to this section. No\nmore than one application shall be submitted for an eligible property.\n  b. Approval or denial of application. If the commissioner of finance\ndetermines that an applicant is entitled to the rebate authorized\npursuant to this section, the commissioner shall approve such\napplication, notify such applicant of such approval, and grant such\nrebate to such applicant. If the commissioner of finance determines that\nan applicant is not entitled to the rebate authorized pursuant to this\nsection, the commissioner shall send to each such applicant a notice of\ndenial of such application. Such notice of denial shall specify the\nreason for such denial and shall be sent in a manner to be provided in\nlocal laws or in rules promulgated by the commissioner of finance.\nFailure to send any such notice of denial or the failure of any\napplicant to receive such notice shall not affect such denial and shall\nnot prevent the levy, collection and enforcement of taxes on the\nproperty of such applicant.\n  c. Review of submission. The burden shall be on the applicant to\nestablish that the property is the primary residence of such applicant,\nthat the qualified gross income of all the owners for whom such property\nserves as their primary residence is two hundred fifty thousand dollars\nor less and that any other requirements relating to the granting of the\nrebate are satisfied.\n  d. Oath. The commissioner of finance shall have the authority to\nrequire that statements made in connection with any application filed\npursuant to this section be made under oath. Such application shall\ncontain the following declaration: "I certify that all information\ncontained in this application is true and correct to the best of my\nknowledge and belief.  I understand that willful making of any false\nstatement of material fact herein will subject me to the provisions of\nlaw relevant to the making and filing of false instruments and will\nrender this application null and void." Such application shall also\nstate that the applicant agrees to comply with and be subject to any\nrules promulgated by the commissioner of finance pursuant to this\nsection.\n  7. Denial and revocation of rebate. a. Generally. The commissioner of\nfinance shall deny an application for a rebate or revoke any rebate\nauthorized pursuant to this section if it appears that: (i) the property\ndoes not serve as the primary residence of the owner who has applied for\nsuch rebate or who received the real property tax exemption pursuant to\nsection four hundred twenty-five of this title or a school tax relief\ncredit pursuant to subsection (eee) of section six hundred six of the\ntax law for such property for the fiscal year commencing on the first of\nJuly, two thousand twenty-two, (ii) prior to the granting of the rebate\nauthorized pursuant to this section, title to the property has been\ntransferred to a new owner other than to an immediate family member for\nwhom the property serves as the primary residence until, at a minimum,\nthe date on which such rebate is granted, or (iii) the property is\notherwise no longer eligible for the rebate.\n  b. Rights of owners. Upon determining that a rebate authorized\npursuant to this section shall be revoked, the commissioner of finance\nshall send a notice so stating to the affected owner at the time and in\nthe manner to be provided in the local law adopted pursuant to this\nsection.  Granting a rebate authorized pursuant to this section, denying\na rebate pursuant to subdivision five of this section, denying an\napplication for a rebate pursuant to paragraph b of subdivision six of\nthis section, or revoking a rebate granted pursuant to this section\nshall constitute a final determination of the commissioner of finance,\nunless, within ninety days, the owner seeks administrative review by the\ncommissioner of finance of such determination, provided that the burden\nshall be on the owner to establish eligibility for the rebate. The\nfailure to grant a rebate authorized pursuant to this section to an\nowner who is not required to submit an application pursuant to\nsubdivision five of this section and who does not receive a notice of\ndenial pursuant to such subdivision shall constitute a final\ndetermination by the commissioner of finance unless such owner seeks\nadministrative review by such commissioner of such determination no\nlater than the first of July, two thousand twenty-three.\n  8. Restriction on rebate for married couples with two or more\nresidences. The rebate authorized by this section shall be granted on no\nmore than one property owned by a married couple, unless such spouses\nare living apart due to legal separation.\n  9. Record of ownership of an eligible property. Any local law adopted\npursuant to this section shall require that ownership of an eligible\nproperty be recorded with the city register, the Richmond county clerk,\nor the automated city register information system by the thirtieth of\nJune, two thousand twenty-two.\n  10. Proof of residency and information regarding qualified gross\nincome.  In accordance with subdivisions one and three of this section,\nthe commissioner of finance may request proof of residency and\ninformation relating to qualified gross income from any owner seeking to\nreceive a rebate authorized pursuant to this section.\n  11. Rebate returned for re-issuance. The commissioner of finance may\nprovide a credit against the annual tax of an eligible property in the\namount of the rebate when an owner of an eligible property requests that\na check in the amount of the rebate be re-issued to such owner, except\nthat no such credit shall be provided later than two years from the date\nthe rebate is granted.\n  12. Recovery of erroneous rebate. a. If the commissioner of finance\ndetermines that an owner received an erroneous rebate, the commissioner\nof finance shall recover such erroneous rebate, within six years of the\ngranting of such rebate, by deducting the amount of such erroneous\nrebate from any refund otherwise payable to the owner of such property,\nand any balance of the amount of such erroneous rebate remaining unpaid\nshall constitute a tax lien on the property of such owner as of the due\nand payable date provided on the tax bill mailed by the commissioner of\nfinance containing such amount. If such amount is not paid by such due\nand payable date, interest at the rate applicable to delinquent real\nproperty taxes on such property shall be charged and collected on such\namount from the due and payable date provided on such notice to the date\nof payment. Such tax lien shall be enforceable in accordance with the\nprovisions of law relating to the enforcement of tax liens in any such\ncity. No lien created pursuant to this section shall be enforced against\na subsequent purchaser for value in good faith, provided that the\npurchase occurred prior to the date the amount of the erroneous rebate\nwas entered on the statement of account for such property. Such\nauthority shall supplement any other authority of the commissioner of\nfinance to enforce payment of the erroneous rebate by the owner of such\nproperty.\n  b. To the extent a rebate was granted or calculated in error under\nthis section, the amount of the erroneous rebate shall be equal to the\ndifference between the amount of the rebate originally granted and the\namount to which the owner was entitled.\n  13. Penalty for material misstatements. a. Generally. If the\ncommissioner of finance determines, within three years from the granting\nof a rebate authorized pursuant to this section, that there was a\nmaterial misstatement in an application filed pursuant to this section\nand that such misstatement provided the basis for the granting of a\nrebate under this section, the commissioner of finance shall proceed to\nimpose a penalty tax against the property of five hundred dollars in\naddition to recovering the amount of any erroneous rebate under\nsubdivision twelve of this section. An application shall be deemed to\ncontain a material misstatement for this purpose when either:\n  (1) the applicant claimed the property was his, her or their primary\nresidence, when it was not;\n  (2) the applicant claimed that the applicant owned the property, when\nthe applicant did not; or\n  (3) the applicant claimed that the qualified gross income of all the\nowners for whom such property serves as their primary residence was two\nhundred fifty thousand dollars or less, when the qualified gross income\nof such owners was a substantially higher amount.\n  b. Procedure. When the commissioner of finance determines that a\npenalty tax shall be imposed, the penalty tax shall be entered on the\nnext ensuing tentative or final assessment roll. Each owner shall be\ngiven notice of the possible imposition of a penalty tax, and shall be\nentitled to seek administrative and judicial review of such action in\nthe manner provided by law.\n  14. Non-disclosure. The information contained in applications filed\nwith the commissioner of finance pursuant to subdivision six of this\nsection shall not be subject to disclosure under article six of the\npublic officers law.\n
N.Y. MDW Law § 233 — New York Code / Act MDW / Article 7 / Title 2 / Section 233
Bulkheads and scuttles
Status: in_force

§ 233. Bulkheads and scuttles. 1. Every tenement, except as in this\nsection otherwise provided, shall have in the roof a fireproof bulkhead\nwith a fireproof door and after January first, nineteen hundred\nfifty-seven, the door shall be self-closing. Bulkheads existing on April\neighteenth, nineteen hundred twenty-nine, shall be lawful and may be\nreplaced or repaired with material conforming to the material of which\nsuch bulkhead consisted on such date.\n  2. A bulkhead in the roof of an old-law tenement which is more than a\nbasement and four other stories in height or which is a basement and\nfour other stories in height and occupied by three or more families on\nany story, may be of wood covered with metal on the outside and\nfire-retarded on the inside. Such a bulkhead shall be equipped with a\nfire-retarded door and assembly with the door self-closing.\n  3. In any old-law tenement which is four stories or less in height or\nwhich is a basement and four other stories in height and occupied by not\nmore than two families on any story, no bulkhead shall be required\nprovided such tenement is equipped with a scuttle located in the ceiling\nof a public hall on the top story and with access thereto direct,\nuninterrupted and easily accessible to all tenants. All such scuttles\nshall be at least twenty-one inches in width and twenty-eight inches in\nlength. They shall be constructed so as to be readily opened, covered on\nthe outside with metal and provided with stairs or stationary iron\nladders leading thereto.\n  4. Every required stair in every tenement erected after April\neighteenth, nineteen hundred twelve, which is more than a basement and\nthree other stories in height shall extend to and through a bulkhead in\nthe roof. Such bulkhead shall have a fireproof door and assembly with\nthe door self-closing and may be constructed of wood covered with metal\non the outside and fire-retarded on the inside.\n  5. Stairs leading to required bulkheads shall be fireproof and\nconstructed as specified in sections two hundred thirty-four to two\nhundred thirty-eight inclusive, except that any such stairs existing on\nApril eighteenth, nineteen hundred twenty-nine, shall be permitted\nwithout alteration, and that any such stairs constructed after such date\nin any old-law tenement may have such width and angle of ascent, and\nrisers and treads of such dimensions, as approved by the department.\nAll stairs to required bulkheads shall be provided with a guide or hand\nrail.\n  6. Bulkhead doors and scuttles shall not be self-locking, and shall be\nfastened on the inside with movable bolts, hooks, or a lock which does\nnot require a key to open it from the inside of the dwelling. All key\nlocks are unlawful and where existing shall be removed.\n
N.Y. PBH Law § 230 — New York Code / Act PBH / Article 2 / Title 2-A / Section 230
State board for professional medical conduct; proceedings
Status: in_force

§ 230. State board for professional medical conduct; proceedings. 1. A\nstate board for professional medical conduct is hereby created in the\ndepartment in matters of professional misconduct as defined in sections\nsixty-five hundred thirty and sixty-five hundred thirty-one of the\neducation law. Its physician members shall be appointed by the\ncommissioner at least eighty-five percent of whom shall be from among\nnominations submitted by the medical society of the state of New York,\nthe New York state osteopathic society, the New York academy of\nmedicine, county medical societies, statewide specialty societies\nrecognized by the council of medical specialty societies, and the\nhospital association of New York state. Its lay members shall be\nappointed by the commissioner with the approval of the governor. The\nboard of regents shall also appoint twenty percent of the members of the\nboard. Not less than sixty-seven percent of the members appointed by the\nboard of regents shall be physicians. Not less than eighty-five percent\nof the physician members appointed by the board of regents shall be from\namong nominations submitted by the medical society of the state of New\nYork, the New York state osteopathic society, the New York academy of\nmedicine, county medical societies, statewide medical societies\nrecognized by the council of medical specialty societies, and the\nhospital association of New York state. Any failure to meet the\npercentage thresholds stated in this subdivision shall not be grounds\nfor invalidating any action by or on authority of the board for\nprofessional medical conduct or a committee or a member thereof. The\nboard for professional medical conduct shall consist of not fewer than\neighteen physicians licensed in the state for at least five years, two\nof whom shall be doctors of osteopathy, not fewer than two of whom shall\nbe physicians who dedicate a significant portion of their practice to\nthe use of non-conventional medical treatments who may be nominated by\nNew York state medical associations dedicated to the advancement of such\ntreatments, at least one of whom shall have expertise in palliative\ncare, and not fewer than seven lay members. An executive secretary shall\nbe appointed by the chairperson and shall be a licensed physician. Such\nexecutive secretary shall not be a member of the board, shall hold\noffice at the pleasure of, and shall have the powers and duties assigned\nand the annual salary fixed by, the chairperson. The chairperson shall\nalso assign such secretaries or other persons to the board as are\nnecessary.\n  2. Members of such board shall be appointed by the commissioner or the\nboard of regents for three year terms except that the terms of those\nfirst appointed shall be arranged so that as nearly as possible an equal\nnumber shall terminate annually. A vacancy occurring during a term shall\nbe filled by an appointment by the commissioner or the board of regents\nfor the unexpired term.\n  3. Each member of the board shall receive a certificate of\nappointment, shall before beginning his term of office file a\nconstitutional oath of office with the secretary of state, shall receive\nup to one hundred fifty dollars as prescribed by the commissioner for\neach day devoted to board work not to exceed ten thousand dollars in any\none year, and shall be reimbursed for his necessary expenses. Any member\nmay be removed from the board at the pleasure of the commissioner.\n  4. The governor shall annually designate from the members of the board\na chairperson who shall be a physician and vice-chairperson. The board\nshall meet upon call of the chairperson, and may adopt bylaws consistent\nwith this section. A quorum for the transaction of business by the board\nshall be a majority of members.\n  5. From among the members of the board two or more committees on\nprofessional conduct shall be appointed by the board chairperson.\n  6. Any committee on professional conduct appointed pursuant to the\nprovisions of this section shall consist of two physicians and one lay\nmember.\n  7. (a) The board, by its committees on professional conduct, shall\nconduct disciplinary proceedings as prescribed in this section and shall\nassist in other professional conduct matters as prescribed by the\nchairperson. In this section the term "licensee" shall mean physician,\nincluding a physician practicing under a limited permit, a medical\nresident, physician's assistant and specialist's assistant. A committee\non professional conduct, on notice to the licensee and after affording\nthe licensee, the office of professional medical conduct, and their\nattorneys an opportunity to be heard, shall have the authority to direct\na licensee to submit to a medical or psychiatric examination when the\ncommittee has reason to believe the licensee may be impaired by alcohol,\ndrugs, physical disability or mental disability. The committee, with the\nadvice of the licensee and the office of professional medical conduct,\nshall designate the physician who will conduct the examination. The\nresults of the examination shall be provided by the examining physician\nto the committee, the licensee, and the office of professional medical\nconduct. The licensee may also obtain a physician to conduct an\nexamination the results of which shall be provided to the committee and\nthe office of professional medical conduct.\n  (b) A committee on professional conduct may sit as an administrative\ntribunal for the purpose of issuing an order authorizing the office of\nprofessional medical conduct to obtain medical records or other\nprotected health information pertaining to the licensee's physical or\nmental condition when the committee has reason to believe that the\nlicensee may be impaired by alcohol, drugs, physical disability or\nmental disability and that the records or information may be relevant to\nthe alleged impairment or that information regarding the licensee's\nmedical condition may be relevant to an inquiry into a report of a\ncommunicable disease, as defined by the state sanitary code or HIV/AIDS.\nNo such order shall be issued except on notice to the licensee and after\naffording the licensee and the office of professional medical conduct an\nopportunity to be heard.\n  (c) A committee on professional conduct, on notice to the licensee and\nafter affording the licensee and the office of professional medical\nconduct an opportunity to be heard, shall have the authority to direct a\nlicensee to submit to a clinical competency examination when the\ncommittee has reason to believe that the licensee has practiced with\nincompetence, generally in his or her medical practice or in a specific\narea of his or her medical practice. The committee, with the advice of\nthe licensee and the office of professional medical conduct, shall\ndesignate the facility or institution to conduct the clinical competency\nexamination. The results of the clinical competency examination shall be\nprovided by the facility or institution to the committee, the licensee\nand the office of professional medical conduct. The licensee may also\nobtain an accredited facility or institution to conduct a clinical\ncompetency examination, the results of which shall be provided to the\ncommittee and the office of professional medical conduct.\n  8. Notwithstanding any other provision of law, no member of a\ncommittee on professional conduct nor an employee of the board shall be\nliable in damages to any person for any action taken or recommendation\nmade by him within the scope of his function as a member of such\ncommittee or employee provided that (a) such member or employee has\ntaken action or made recommendations within the scope of his function\nand without malice, and (b) in the reasonable belief after reasonable\ninvestigation that the act or recommendation was warranted, based upon\nthe facts disclosed.\n  9. Notwithstanding any other provisions of law, neither the\nproceedings nor the records of any such committee shall be subject to\ndisclosure under article thirty-one of the civil practice law and rules\nexcept as hereinafter provided. No person in attendance at a meeting of\nany such committee shall be required to testify as to what transpired\nthereat.  The prohibition relating to discovery of testimony shall not\napply to the statements made by any person in attendance at such a\nmeeting who is a party to an action or proceeding the subject matter of\nwhich was reviewed at such meeting.\n  9-a. At any time, if the board for professional medical conduct or the\noffice of professional medical conduct determines that there is a\nreasonable belief that an act or omission that constitutes a crime under\nthe law of the state of New York, any other state, or the United States\nhas been committed by the licensee, the board for professional medical\nconduct or office of professional medical conduct shall notify the\nappropriate law enforcement official or authority except when the act or\nomission constitutes legally protected health activity, as defined by\nsection 570.17 of the criminal procedure law.\n  9-b. Neither the board for professional medical conduct nor the office\nof professional medical conduct shall charge a licensee with misconduct\nas defined in sections sixty-five hundred thirty and sixty-five hundred\nthirty-one of the education law, or cause a report made to the director\nof such office to be investigated beyond a preliminary review as set\nforth in clause (A) of subparagraph (i) of paragraph (a) of subdivision\nten of this section, where such report is determined to be based solely\nupon the recommendation or provision of a treatment modality to a\nparticular patient by such licensee that is not universally accepted by\nthe medical profession, including but not limited to, varying modalities\nused in the treatment of Lyme disease and other tick-borne diseases.\nWhen a licensee, acting in accordance with paragraph e of subdivision\nfour of section sixty-five hundred twenty-seven of the education law,\nrecommends or provides a treatment modality that effectively treats\nhuman disease, pain, injury, deformity or physical condition for which\nthe licensee is treating a patient, the recommendation or provision of\nthat modality to a particular patient shall not, by itself, constitute\nprofessional misconduct. The licensee shall otherwise abide by all other\napplicable professional requirements.\n  9-c. (a) Neither the board for professional medical conduct nor the\noffice of professional medical conduct shall charge a licensee, acting\nwithin their scope of practice, with misconduct as defined in sections\nsixty-five hundred thirty and sixty-five hundred thirty-one of the\neducation law, or cause a report made to the director of such office to\nbe investigated beyond a preliminary review as set forth in clause (A)\nof subparagraph (i) of paragraph (a) of subdivision ten of this section,\nwhere such report is determined to be based solely upon any legally\nprotected health activity, as defined by section 570.17 of the criminal\nprocedure law.\n  (b) When a licensee, acting within their scope of practice, and in\naccordance with paragraph e of subdivision four of section sixty-five\nhundred twenty-seven of the education law, engages in legally protected\nhealth activity, as defined by section 570.17 of the criminal procedure\nlaw, such legally protected activity shall not, by itself, constitute\nprofessional misconduct. The licensee shall otherwise abide by all other\napplicable professional requirements.\n  10. Professional misconduct proceedings shall consist of:\n  * (a) Investigation.  (i) (A) The board for professional medical\nconduct, by the director of the office of professional medical conduct,\nmay investigate on its own any suspected professional misconduct, and\nshall investigate each complaint received regardless of the source. By\nthe conclusion of a preliminary review, including an internal clinical\nreview, the director shall determine if a report is based solely upon\nthe recommendation or provision of a treatment modality by a licensee\nthat is not universally accepted by the medical profession, including\nbut not limited to varying modalities used in the treatment of Lyme\ndisease or other tick-borne diseases. Upon a determination by the\ndirector that a report is based solely upon the provision of a treatment\nmodality that is not universally accepted, no further review shall be\nconducted and no charges shall be brought. Nothing in this section shall\npreclude the director from making such a determination earlier in, or\nsubsequent to, a preliminary review. (B) The director of the office of\nprofessional medical conduct shall cause a preliminary review of every\nreport made to the department pursuant to section twenty-eight hundred\nthree-e as added by chapter eight hundred sixty-six of the laws of\nnineteen hundred eighty, sections twenty-eight hundred five-l and\nforty-four hundred five-b of this chapter, and section three hundred\nfifteen of the insurance law, to determine if such report reasonably\nappears to reflect physician conduct warranting further investigation\npursuant to this subparagraph.\n  (i-a) The director shall, in addition to the determination required by\nclause (A) of subparagraph (i) of this paragraph, determine if a report\nis based solely upon conduct which is otherwise permissible pursuant to\nsection sixty-five hundred thirty-one-b of the education law and\nsubdivision nine-c of this section, and upon a determination by the\ndirector that a report is based solely upon such permissible conduct, no\nfurther review shall be conducted and no charges shall be brought.\nNothing in this section shall preclude the director from making such a\ndetermination earlier in, or subsequent to, a preliminary review.\n  (ii) If the investigation of cases referred to an investigation\ncommittee involves issues of clinical practice, medical experts, shall\nbe consulted. Experts may be made available by the state medical society\nof the state of New York, by county medical societies and specialty\nsocieties, and by New York state medical associations dedicated to the\nadvancement of non-conventional medical treatments. Any information\nobtained by medical experts in consultations, including the names of\nlicensees or patients, shall be confidential and shall not be disclosed\nexcept as otherwise authorized or required by law.\n  (iii) In the investigation of cases referred to an investigation\ncommittee, the licensee being investigated shall have an opportunity to\nbe interviewed by the office of professional medical conduct in order to\nprovide an explanation of the issues under investigation. Providing an\nopportunity for such an interview shall be a condition precedent to the\nconvening of an investigation committee on professional misconduct of\nthe board for professional medical conduct.\n  (A) At least twenty days before the interview, except as otherwise set\nforth herein, the licensee under investigation shall be given written\nnotice of: (1) a description of the conduct that is the subject of the\ninvestigation; (2) the issues relating to the conduct that have been\nidentified at the time of the notice; (3) the time frame of the conduct\nunder investigation; (4) the identity of each patient whose contact with\nor care by the licensee is believed to be relevant to the investigation;\nand (5) the fact that the licensee may be represented by counsel and may\nbe accompanied by a stenographer to transcribe the proceeding. All costs\nof transcription shall be paid by the licensee and a copy shall be\nprovided to the department by the licensee within thirty days of the\ninterview. The notice required by this subparagraph may be given less\nthan twenty days before an interview in any case where the office of\nprofessional medical conduct anticipates that the commissioner will take\nsummary action under subdivision twelve of this section, provided that\nthe notice is given within a reasonable amount of time prior to the\ninterview and advises of the possible summary action.\n  (B) Within thirty days following the interview or, in a case where a\nstenographer was present at the interview, within fifteen days after the\noffice of professional medical conduct receives the transcript of the\ninterview, whichever is later, the licensee shall be provided with a\ncopy of the report of the interviewer. In addition, the licensee shall\npromptly be given written notice of issues identified subsequent to the\ninterview. The licensee may submit written comments or expert opinion or\nmedical or scientific literature that is directly relevant to the issues\nthat have been identified by the office of professional medical conduct\nto the office of professional medical conduct at any time.\n  (C) If the director determines that the matter shall be submitted to\nan investigation committee, an investigation committee shall be convened\nwithin ninety days of any interview of the licensee. The director shall\npresent the investigation committee with relevant documentation\nincluding, but not limited to: (1) a copy of the original complaint; (2)\nthe report of the interviewer and the stenographic record if one was\ntaken; (3) the report of any medical or scientific expert; (4) copies of\nreports of any patient record reviews; and (5) the licensee's\nsubmissions.\n  (D) If the director determines to close an investigation following an\ninterview without presentation to an investigation committee, the office\nof professional medical conduct shall notify the licensee in writing.\n  (iv) If the director of the office of professional medical conduct,\nafter obtaining the concurrence of a majority of an investigation\ncommittee, and after consultation with the executive secretary,\ndetermines that a hearing is warranted the director shall, within\nfifteen days thereafter, direct counsel to prepare the charges. If the\ninvestigation committee is unanimous in its concurrence that a hearing\nis warranted, the charges shall be made public under paragraph (d) of\nthis subdivision. If the investigation committee is not unanimous in its\nconcurrence that a hearing is warranted, the members of such committee\nshall vote on whether the charges should be made public, and if all of\nthe committee members vote in favor of publication, the charges shall be\nmade public under paragraph (d) of this subdivision. If the director\ndetermines after consultation with an investigation committee that: (A)\nevidence exists of a single incident of negligence or incompetence, a\npattern of inappropriate prescribing or medical practice, or impairment\nby drugs, alcohol, physical or mental disability; (B) a recommendation\nwas made by a county medical society or the medical society of the state\nof New York that warrants further review; or (C) the facts underlying a\nverdict in a medical malpractice action warrant further review, the\ndirector, in addition to the authority set forth in this section, shall\nbe authorized to conduct a comprehensive review of patient records of\nthe licensee and such office records of the licensee as are related to\nsaid determination. The licensee shall cooperate with the investigation\nand willful failure to cooperate in a substantial or material respect\nmay result in an enforcement proceeding pursuant to subparagraph (ii) of\nparagraph (o) of this subdivision. If there is a question of alcoholism,\nalcohol abuse, drug abuse or mental illness, the director may refer the\nmatter to a committee, as referred to in subparagraph (ii) of paragraph\n(c) of subdivision eleven of this section.\n  (v) The files of the office of professional medical conduct relating\nto the investigation of possible instances of professional misconduct\nshall be confidential and not subject to disclosure at the request of\nany person, except as provided by law in a pending disciplinary action\nor proceeding. The provisions of this paragraph shall not prevent the\noffice from sharing information concerning investigations within the\ndepartment and, pursuant to subpoena, with other duly authorized public\nagencies responsible for professional regulation or criminal\nprosecution. Nothing in this subparagraph shall affect the duties of\nnotification set forth in subdivision nine-a of this section or prevent\nthe publication of charges or of the findings, conclusions,\ndeterminations, or order of a hearing committee pursuant to paragraphs\n(d) or (g) of this subdivision. In addition, the commissioner may\ndisclose the information when, in his or her professional judgment,\ndisclosure of such information would avert or minimize a public health\nthreat. Any such disclosure shall not affect the confidentiality of\nother information in the files of the office of professional medical\nconduct related to the investigation.\n  (vi) The office of professional medical conduct, acting under this\nsection, may have access to the criminal history record of any licensee\ngoverned by the provisions of this section maintained by the division of\ncriminal justice services pursuant to subdivision six of section eight\nhundred thirty-seven of the executive law.\n  (vii) The director of the office of professional medical conduct, in\nconsultation with the patient safety center, shall cause a review on a\ncontinuous basis of medical malpractice claim and disposition\ninformation reported to the commissioner under section three hundred\nfifteen of the insurance law, for the purpose of identifying potential\nmisconduct. The office shall commence a misconduct investigation if\npotential misconduct is identified as a result of such review, which\nshall be based on criteria such as disposition frequency, disposition\ntype including judgment and settlement, disposition award amount,\ngeographic region, specialty, or other factors as appropriate in\nidentifying potential misconduct.\n  * NB Effective until July 1, 2028\n  * (a) Investigation. The board for professional medical conduct, by a\ncommittee on professional conduct, may investigate on its own any\nsuspected professional misconduct, and shall investigate each complaint\nreceived regardless of the source. The results of the investigation\nshall be referred to the director of the office of professional medical\nconduct. If the director of the office of professional medical conduct,\nafter consultation with a professional member of the board for\nprofessional medical conduct, determines that a hearing is warranted he\nshall direct counsel to prepare the charges within fifteen days\nthereafter. If it is determined by the director that the complaint\ninvolves a question of professional expertise then such director may\nseek, and if so shall obtain, the concurrence of at least two members of\na panel of three members of the state board for professional medical\nconduct.\n  * NB Effective July 1, 2028\n  (b) Charges. The charges shall state the substance of the alleged\nprofessional misconduct and shall state clearly and concisely the\nmaterial facts but not the evidence by which the charges are to be\nproved.\n  (c) Notice of hearing. The board shall set the time and place of the\nhearing. The notice of hearing shall state (1) the date, time and place\nof the hearing, (2) that the licensee shall file a written answer to\neach of the charges and allegations in the statement of charges no later\nthan ten days prior to the hearing, that any charge and allegation not\nso answered shall be deemed admitted and that the licensee may wish to\nseek the advice of counsel prior to filing such answer, (3) that the\nlicensee shall appear personally at the hearing and may be represented\nby counsel who shall be an attorney admitted to practice in New York\nstate, (4) that the licensee shall have the right to produce witnesses\nand evidence in his behalf, to cross-examine witnesses and examine\nevidence produced against him, and to have subpoenas issued in his\nbehalf to require the production of witnesses and evidence in manner and\nform as prescribed by the civil practice law and rules or either party\nmay issue such subpoenas in their own behalf, (5) that a stenographic\nrecord of the hearing will be made, and (6) such other information as\nmay be considered appropriate by the committee.\n  (d) Service of charges and of notice of hearing. (i) A copy of the\ncharges and the notice of the hearing shall be served on the licensee\npersonally by the board at least thirty days before the hearing. If\npersonal service cannot be made after due diligence and such fact is\ncertified under oath, a copy of the charges and the notice of hearing\nshall be served by registered or certified mail to the licensee's last\nknown address by the board at least fifteen days before the hearing.\n  (ii) The charges shall be made public, consistent with subparagraph\n(iv) of paragraph (a) of this subdivision, no earlier than five business\ndays after they are served, and the charges shall be accompanied by a\nstatement advising the licensee that such publication will occur;\nprovided, however, that charges may be made public immediately upon\nissuance of the commissioner's order in the case of summary action taken\npursuant to subdivision twelve of this section and no prior notification\nof such publication need be made to the licensee.\n  (iii) If a hearing on the charges has not yet been conducted or if a\nhearing has been conducted but the committee has not yet issued a\ndetermination, the publication of charges by the department shall\ninclude a statement advising that the charges are only allegations which\nmay be contested by the licensee in an administrative hearing, except\nthat no such statement need be included if the licensee fails or\naffirmatively declines to contest the charges. In the event any or all\nsuch charges are dismissed, such dismissal shall be made public within\ntwo business days.\n  (d-1) Disclosure of exculpatory evidence. After service of the charges\nupon the licensee, counsel for the office of professional medical\nconduct shall, as soon as practicable and on a continuing basis, provide\nthe licensee with any information or documentation in the possession of\nthe office of professional medical conduct which tends to prove the\nlicensee's innocence.\n  (e) Committee hearing. The hearing shall be conducted by a committee\non professional conduct. The members of the hearing committee shall be\nappointed by the chairperson of the board who shall designate the\ncommittee chairperson. In addition to said committee members, the\ncommissioner shall designate an administrative officer, admitted to\npractice as an attorney in the state of New York, who shall have the\nauthority to rule on all motions, including motions to compel disclosure\nof information or material claimed to be protected because of privilege\nor confidentiality, procedures and other legal objections and shall\ndraft the conclusions of the hearing committee pursuant to paragraph\n(g). The administrative officer shall have the authority to rule on\nobjections to questions posed by either party or the committee members.\nThe administrative officer shall not be entitled to vote.\n  (f) Conduct of hearing. All hearings must be commenced within sixty\ndays of the service of charges except that an adjournment of the initial\nhearing date may be granted by the hearing committee upon request by\neither party upon good cause shown. No adjournment shall exceed thirty\ndays. The evidence in support of the charges shall be presented by an\nattorney. The licensee shall have the rights required to be stated in\nthe notice of hearing (subparagraph (c) of this subdivision) and in\nsection four hundred one of the state administrative procedure act. The\ncommittee shall not be bound by the rules of evidence, but its\nconclusion shall be based on a preponderance of the evidence. A hearing\nwhich has been initiated shall not be discontinued because of the death\nor incapacity to serve of one member of the hearing committee. In the\nevent of a member's death or incapacity to serve on the committee, a\nmember shall be appointed immediately by the chairperson of the board.\nThe member shall affirm in writing that he or she has read and\nconsidered evidence and transcripts of the prior proceedings. The last\nhearing day must be held within one hundred twenty days of the first\nhearing day. Either party, for good cause shown, may request that the\ncommittee extend the last hearing day beyond one hundred twenty days. An\nextension requested by the licensee and granted by the committee may not\nbe used as the grounds for a proceeding brought under paragraph (j) of\nthis subdivision.\n  (g) Results of hearing. The committee shall make (1) findings of fact,\n(2) conclusions concerning the charges sustained or dismissed, and (3) a\ndetermination regarding charges sustained or dismissed, and in the event\nany of the charges have been sustained, of the penalty to be imposed or\nappropriate action to be taken and the reasons for the determination.\nFor the committee to make a conclusion sustaining a charge, or\ndetermining a penalty or the appropriate action to be taken, two members\nof the committee must vote for such a conclusion or determination. The\ncommittee shall issue an order based on its determination. The\ncommittee's findings, conclusions, determinations and order shall become\npublic upon issuance. However, if the time to request a review of the\ncommittee's determination has not yet expired, or if the review has been\nrequested but no determination as a result of the review has been\nissued, such publication shall include a statement advising that the\nlicensee or the department may request a review of the committee's\ndetermination. No such statement is required if (a) the time to request\nsuch review has expired without the filing of such request by either of\nthe parties, or (b) the licensee and the department both affirmatively\ndecline to request review of the committee's determination or fail to\nperfect such review. In the event any or all such charges are dismissed,\nsuch dismissal shall be made public within two business days.\n  (h) Disposition of results. (i) The findings, conclusions,\ndetermination and the reasons for the determination of the committee\nshall be served upon the licensee, the department, and any hospitals,\nprimary practice settings or health care plans required to be identified\nin publicly disseminated physician data pursuant to paragraph (j), (n),\nor (q) of subdivision one of section twenty-nine hundred ninety-five-a\nof this chapter, within sixty days of the last day of hearing. Service\nshall be either by certified mail upon the licensee at the licensee's\nlast known address and such service shall be effective upon receipt or\nseven days after mailing by certified mail whichever is earlier or by\npersonal service and such service shall be effective upon receipt. The\nlicensee shall deliver to the board the license which has been revoked,\nannulled, suspended or surrendered, together with the registration\ncertificate, within five days after receipt of the order. If the license\nor registration certificate is lost, misplaced or its whereabouts is\notherwise unknown, the licensee shall submit an affidavit to that effect\nand shall deliver such license or certificate to the board when located.\nThe director of the office shall promptly transmit a copy of the order\nto the division of professional licensing services of the state\neducation department and to each hospital at which the licensee has\nprivileges.\n  (ii) When a license has been: (A) revoked or annulled without stay\npursuant to subdivision four or five of section two hundred thirty-a of\nthis title; (B) surrendered by a licensee; (C) suspended without stay\nfor more than one hundred eighty days; or (D) restricted to prohibit the\npractice of medicine or to preclude the delivery of patient care, the\nlicensee whose license has been so revoked, surrendered, annulled\nwithout stay, suspended without stay for more than one hundred eighty\ndays, or restricted shall, within fifteen days of the effective date of\nthe order:\n  (1) notify his or her patients, of the cessation or limitation of the\nlicensee's medical practice; the names of other physicians or health\ncare practitioners who have agreed to assume responsibility for the\npatient's care; that the patient should contact one of those named\nphysicians or health care practitioners, or another physician or health\ncare practitioner of the patient's choice, to determine the health care\nplans, as defined in sections four thousand nine hundred of the\ninsurance law and forty-nine hundred of this chapter, in which the\nphysician or health care practitioner participates and the polices and\nprocedures of such physician or other health care practitioner; that the\npatient should notify the licensee of the name of the physician or other\nhealth care practitioner to whom the patient's medical records should be\ntransferred; and that the licensee will retain, and remain responsible\nfor the maintenance of the patient's medical records until the patient\nprovides notice that the records shall be transferred directly to the\npatient, consistent with the provisions of sections seventeen and\neighteen of this chapter, or to another practitioner of the patient's\nchoice. The licensee shall also notify each health care plan with which\nthe licensee contracts or is employed, and each hospital where he or she\nhas privileges in writing of the cessation or limitation of the\nlicensee's medical practice. Within forty-five days of the effective\ndate of the order, the licensee shall provide the office of professional\nmedical conduct with proof, in a form acceptable to the director of the\noffice of professional medical conduct, that all patients and hospitals\nhave been notified of the cessation or limitation of the licensee's\nmedical practice.\n  (2) make arrangements for the transfer and maintenance of the medical\nrecords of his or her former patients. Records shall be either\ntransferred to the licensee's former patients consistent with the\nprovisions of sections seventeen and eighteen of this chapter or to\nanother physician or health care practitioner as provided in clause (1)\nof this subparagraph who shall expressly assume responsibility for their\ncare and maintenance and for providing access to such records, as\nprovided in subdivisions twenty-two and thirty-two of section sixty-five\nhundred thirty of the education law, the rules of the board of regents\nor the regulations of the commissioner of education and sections\nseventeen and eighteen of this chapter. When records are not transferred\nto the licensee's former patients or to another physician or health care\npractitioner, the licensee whose license has been revoked, annulled,\nsurrendered, suspended or restricted shall remain responsible for the\ncare and maintenance of the medical records of his or her former\npatients and shall be subject to additional proceedings pursuant to\nsubdivisions twenty-two, thirty-two and forty of section sixty-five\nhundred thirty of the education law in the event that the licensee fails\nto maintain those medical records or fails to make them available to a\nformer patient.\n  (3) notify the office of professional medical conduct of the name,\naddress, and telephone number of any physician or other health care\npractitioner who has agreed to accept responsibility for storing and\nmaintaining these medical records.\n  (4) in the event that the licensee whose license has been revoked,\nannulled, surrendered or restricted to prohibit the practice of medicine\nor to preclude the delivery of patient care holds a federal Drug\nEnforcement Agency (DEA) certificate, advise the DEA in writing of the\nlicensure action, surrender his or her DEA controlled substance\nprivileges to the DEA, and surrender any unused DEA #222 U.S.  Official\nOrder Forms, Schedules 1 and 2 to the DEA.\n  (5) for licensees whose license has been revoked, annulled,\nsurrendered or restricted to prohibit the practice of medicine or to\npreclude the delivery of patient care, return any unused New York state\nofficial prescription forms to the bureau of narcotics enforcement of\nthe department. The licensee shall cause all other prescription pads\nbearing the licensee's name to be destroyed. If no other licensee is\nproviding services at the licensee's practice location, all medications\nshall be properly disposed.\n  (6) for licensees whose license to practice has been revoked,\nannulled, surrendered or restricted to prohibit the practice of medicine\nor to preclude the delivery of patient care, refrain from new\nadvertising and make reasonable efforts to cease current advertising by\nwhich his or her eligibility to practice medicine is represented.\n  In addition to any other penalty provided for in law, failure to\ncomply with the requirements of this subparagraph shall constitute\nmisconduct that may be prosecuted pursuant to this section and which may\nsubject the licensee to the imposition of additional penalties pursuant\nto section two hundred thirty-a of this title.\n  (i) The determinations of a committee on professional conduct of the\nstate board for professional medical conduct may be reviewed by the\nadministrative review board for professional medical conduct.\n  (j) Time limitations. Failure to comply with a provision of this\nsubdivision requiring that a specified action shall be taken within a\nspecified period of time shall be grounds for a proceeding pursuant to\narticle seventy-eight of the civil practice law and rules for an order\nstaying the hearing or dismissing the charges or any part thereof or any\nother appropriate relief. Such proceeding shall be returnable before the\nsupreme court of Albany county or New York county. The respondent in\nsuch proceeding shall have the initial burden to explain the reasons for\nthe failure to comply with a provision of this subdivision requiring\nthat a specified action to be taken within a specified period of time.\nThe court shall not stay the hearing or dismiss the charges or grant any\nother relief unless it determines that failure to comply was not caused\nby the article seventy-eight petitioner and has caused substantial\nprejudice to the article seventy-eight petitioner.\n  (k) The executive secretary of the board with the specific approval of\na committee on professional conduct of the board shall have the power to\nissue subpoenas requiring persons to appear before the board and be\nexamined with reference to a matter within the scope of the inquiry or\nthe investigation being conducted by the board and produce books,\npapers, records or documents pertaining thereto.\n  (l) The board or its representatives may examine and obtain records of\npatients in any investigation or proceeding by the board acting within\nthe scope of its authorization. Unless expressly waived by the patient,\nany information so obtained shall be confidential and shall not be\ndisclosed except to the extent necessary for the proper function of the\nboard and the name of the patient may not be disclosed by the board or\nits employees at any stage of the proceedings unless the patient has\nexpressly consented. Any other use or dissemination by any person by any\nmeans, unless pursuant to a valid court order or otherwise provided by\nlaw, is prohibited.\n  (m) Expedited procedures. (i) Violations. Violations involving\nprofessional misconduct of a minor or technical nature may be resolved\nby expedited procedures as provided in subparagraph (ii) or (iii) of\nthis paragraph. For purposes of this paragraph violations of a minor or\ntechnical nature shall include, but shall not be limited to, isolated\ninstances of violations concerning professional advertising or record\nkeeping, and other isolated violations which do not directly affect or\nimpair the public health, welfare or safety.\n  (ii) Administrative warning and consultation. If the director of the\noffice of professional medical conduct, after obtaining the concurrence\nof a majority of a committee on professional conduct, and after\nconsultation with the executive secretary, determines that there is\nsubstantial evidence of professional misconduct of a minor or technical\nnature or of substandard medical practice which does not constitute\nprofessional misconduct, the director may issue an administrative\nwarning and/or provide for consultation with a panel of one or more\nexperts, chosen by the director. Panels of one or more experts may\ninclude, but shall not be limited to, a peer review committee of a\ncounty medical society or a specialty board. Administrative warnings and\nconsultations shall be confidential and shall not constitute an\nadjudication of guilt or be used as evidence that the licensee is guilty\nof the alleged misconduct. However, in the event of a further allegation\nof similar misconduct by the same licensee, the matter may be reopened\nand further proceedings instituted as provided in this section.\n  (iii) Violation committee proceeding. If the director determines,\nafter obtaining the concurrence of a majority of a committee on\nprofessional conduct, and after consultation with the executive\nsecretary, that there is substantial evidence of a violation and that\nthe violation is of a nature justifying a penalty as specified in this\nsubparagraph the department may prepare and serve charges, either by\npersonal service or by certified mail, return receipt requested. A\nviolation committee proceeding shall be commenced within three years of\nthe alleged professional misconduct. Such charges shall include a\nstatement that the matter shall be referred to a committee on\nprofessional conduct, which shall act as a violations committee for\ndetermination. The violations committee shall be appointed by the\nchairperson of the state board.  Paragraph (c) of subdivision ten of\nthis section shall apply to the proceeding. A stenographic record of the\nhearing shall be made. The evidence in support of the charges shall be\npresented by an attorney and the licensee shall be afforded an\nopportunity to be heard and to present evidence in his behalf. Such\nviolations committee may issue a censure and reprimand, may require the\nlicensee to perform up to twenty-five hours of public service in a\nfacility licensed pursuant to article twenty-eight of this chapter in a\nmanner and at a time and place directed by the board, and in addition,\nor in the alternative, may impose a fine not to exceed five hundred\ndollars for each specification of minor or technical misconduct. The\nviolations committee may alternatively dismiss the charges in the\ninterest of justice. The order shall be served either by certified mail\nto the licensee's last known address and such services shall be\neffective upon receipt or seven days after mailing by certified mail\nwhichever is earlier or by personal service and such service shall be\neffective upon receipt. The order may be reviewed by the administrative\nappeals board for professional medical conduct.\n  (n) Engagement. A proceeding under this section shall be treated in\nthe same manner as an action or proceeding in supreme court for the\npurpose of any claim by counsel of actual engagement.\n  (o) Orders for review of medical records. Where the director has\nissued an order for a comprehensive medical review of patient records\nand office records pursuant to subparagraph four of paragraph (a) of\nthis subdivision and the licensee has refused to comply with the\ndirector's order, the director may apply to a justice of the supreme\ncourt, in writing, on notice to the licensee, for a court order to\ncompel compliance with the director's order. The court shall not grant\nthe application unless it finds that (i) there was a reasonable basis\nfor issuance of the director's order and (ii) there is reasonable cause\nto believe that the records sought are relevant to the director's order.\nThe court may deny the application or grant the application in whole or\nin part.\n  (p) Convictions of crimes or administrative violations. In cases of\nprofessional misconduct based solely upon a violation of subdivision\nnine of section sixty-five hundred thirty of the education law, the\ndirector may direct that charges be prepared and served and may refer\nthe matter to a committee on professional conduct for its review and\nreport of findings, conclusions as to guilt, and determination. In such\ncases, the notice of hearing shall state that the licensee shall file a\nwritten answer to each of the charges and allegations in the statement\nof charges no later than ten days prior to the hearing, and that any\ncharge or allegation not so answered shall be deemed admitted, that the\nlicensee may wish to seek the advice of counsel prior to filing such\nanswer that the licensee may file a brief and affidavits with the\ncommittee on professional conduct, that the licensee may appear\npersonally before the committee on professional conduct, may be\nrepresented by counsel and may present evidence or sworn testimony in\nhis or her behalf, and the notice may contain such other information as\nmay be considered appropriate by the director. The department may also\npresent evidence or sworn testimony and file a brief at the hearing. A\nstenographic record of the hearing shall be made. Such evidence or sworn\ntestimony offered to the committee on professional conduct shall be\nstrictly limited to evidence and testimony relating to the nature and\nseverity of the penalty to be imposed upon the licensee. Where the\ncharges are based on the conviction of state law crimes in other\njurisdictions, evidence may be offered to the committee which would show\nthat the conviction would not be a crime in New York state. The\ncommittee on professional conduct may reasonably limit the number of\nwitnesses whose testimony will be received and the length of time any\nwitness will be permitted to testify. The determination of the committee\nshall be served upon the licensee and the department in accordance with\nthe provisions of paragraph (h) of this subdivision. A determination\npursuant to this subdivision may be reviewed by the administrative\nreview board for professional medical conduct.\n  (q) At any time subsequent to the final conclusion of a professional\nmisconduct proceeding against a licensee, whether upon the determination\nand order of a hearing committee issued pursuant to paragraph (h) of\nthis subdivision or upon the determination and order of the\nadministrative review board issued pursuant to paragraph (d) of\nsubdivision four of section two hundred thirty-c of this title, the\nlicensee may file a petition with the director, requesting vacatur or\nmodification of the determination and order. The director shall, after\nreviewing the matter and after consulting with department counsel,\ndetermine in the reasonable exercise of his or her discretion whether\nthere is new and material evidence that was not previously available\nwhich, had it been available, would likely have led to a different\nresult, or whether circumstances have occurred subsequent to the\noriginal determination that warrant a reconsideration of the measure of\ndiscipline. Upon determining that such evidence or circumstances exist,\nthe director shall have the authority to join the licensee in an\napplication to the chairperson of the state board for professional\nmedical conduct to vacate or modify the determination and order, as the\ndirector may deem appropriate. Upon the joint application of the\nlicensee and the director, the chairperson shall have the authority to\ngrant or deny such application.\n  11. Reporting of professional misconduct:\n  (a) The medical society of the state of New York, the New York state\nosteopathic society or any district osteopathic society, any statewide\nmedical specialty society or organization, and every county medical\nsociety, every person licensed pursuant to articles one hundred\nthirty-one, one hundred thirty-one-B, one hundred thirty-three, one\nhundred thirty-seven and one hundred thirty-nine of the education law,\nand the chief executive officer, the chief of the medical staff and the\nchairperson of each department of every institution which is established\npursuant to article twenty-eight of this chapter and a comprehensive\nhealth services plan pursuant to article forty-four of this chapter or\narticle forty-three of the insurance law, shall, and any other person\nmay, report to the board any information which such person, medical\nsociety, organization institution or plan has which reasonably appears\nto show that a licensee is guilty of professional misconduct as defined\nin sections sixty-five hundred thirty and sixty-five hundred thirty-one\nof the education law. Such reports shall remain confidential and shall\nnot be admitted into evidence in any administrative or judicial\nproceeding except that the board, its staff, or the members of its\ncommittees may begin investigations on the basis of such reports and may\nuse them to develop further information.\n  (b) Any person, organization, institution, insurance company,\nosteopathic or medical society who reports or provides information to\nthe board in good faith, and without malice shall not be subject to an\naction for civil damages or other relief as the result of such report.\n  (c) Notwithstanding the foregoing, no physician shall be responsible\nfor reporting pursuant to paragraph (a) of this subdivision with respect\nto any information discovered by such physician solely as a result of:\n  (i) Participation in a properly conducted mortality and/or morbidity\nconference, departmental meeting or a medical or tissue committee\nconstituted pursuant to the by-laws of a hospital which is duly\nestablished pursuant to article twenty-eight of the public health law,\nunless the procedures of such conference, department or committee of\nsuch hospital shall have been declared to be unacceptable for the\npurpose hereof by the commissioner, and provided that the obligations of\nreporting such information when appropriate to do so shall be the\nresponsibility of the chairperson of such conference, department or\ncommittee, or\n  * (ii) Participation and membership during a three year demonstration\nperiod in a physician committee of the Medical Society of the State of\nNew York or the New York State Osteopathic Society whose purpose is to\nconfront and refer to treatment physicians who are thought to be\nsuffering from alcoholism, drug abuse, or mental illness. Such\ndemonstration period shall commence on April first, nineteen hundred\neighty and terminate on May thirty-first, nineteen hundred eighty-three.\nAn additional demonstration period shall commence on June first,\nnineteen hundred eighty-three and terminate on March thirty-first,\nnineteen hundred eighty-six. An additional demonstration period shall\ncommence on April first, nineteen hundred eighty-six and terminate on\nMarch thirty-first, nineteen hundred eighty-nine. An additional\ndemonstration period shall commence April first, nineteen hundred\neighty-nine and terminate March thirty-first, nineteen hundred\nninety-two. An additional demonstration period shall commence April\nfirst, nineteen hundred ninety-two and terminate March thirty-first,\nnineteen hundred ninety-five. An additional demonstration period shall\ncommence on April first, nineteen hundred ninety-five and terminate on\nMarch thirty-first, nineteen hundred ninety-eight. An additional\ndemonstration period shall commence on April first, nineteen hundred\nninety-eight and terminate on March thirty-first, two thousand three. An\nadditional demonstration period shall commence on April first, two\nthousand three and terminate on March thirty-first, two thousand\nthirteen. An additional demonstration period shall commence April first,\ntwo thousand thirteen and terminate on March thirty-first, two thousand\neighteen. An additional demonstration period shall commence April first,\ntwo thousand eighteen and terminate on July first, two thousand\ntwenty-eight provided, however, that the commissioner may prescribe\nrequirements for the continuation of such demonstration program,\nincluding periodic reviews of such programs and submission of any\nreports and data necessary to permit such reviews. During these\nadditional periods, the provisions of this subparagraph shall also apply\nto a physician committee of a county medical society.\n  * NB Expires July 1, 2028\n  (d) In the event that a physician or administrator of a hospital\nestablished pursuant to article twenty-eight of this chapter shall\nreasonably be unable to determine if any information which he or she has\nis such that it does reasonably appear to show that a licensee is guilty\nof professional misconduct and therefore creates an obligation on such\nphysician or such administrator to make a report pursuant to paragraph\n(a) hereof, he or she may either:\n  (i) in accordance with procedures established by the board, and\nwithout revealing the name of the licensee who he or she is considering\nmaking such a report about, request in writing the advice of the board\nas to whether or not a report should be made, and the physician or\nadministrator so requesting such advice shall then be required to comply\nwith the advice of the board. No such request for advice shall relieve\nthe requesting physician or administrator of any obligation hereunder\nunless all other material facts are revealed, other than the name of the\nlicensee in question, or\n  (ii) in the case where the licensee about whom another physician is\nconsidering making such report is affiliated with a hospital which is\nduly established pursuant to article twenty-eight of this chapter, a\nphysician may elect to fulfill the obligations of paragraph (a) hereof\nby reporting such information to the appropriate executive committee or\nprofessional practices peer review committee which is duly constituted\npursuant to by-laws of such hospital, unless the peer review procedures\nof such hospital shall have been declared to be unacceptable for the\npurposes hereof by the commissioner. The physician members of such\nhospital executive committee or professional practices peer review\ncommittee shall thereupon have the responsibility of reporting such\ninformation to the board pursuant to paragraph (a) hereof, as required\nthereby, but in the event that such committee determines that a report\nshall be made to the board, the chairperson of such committee may\nfulfill the obligation of reporting on behalf of all the members of the\ncommittee, or\n  (iii) in a case where the physician, about whom he or she is\nconsidering making such report, is a member of a county medical society\nor district osteopathic society, and is not affiliated with a hospital,\nbut practices his or her profession within such county or district, a\nphysician may elect to fulfill the obligations of paragraph (a) hereof\nby reporting such information to the appropriate county medical\nsociety's or district osteopathic society's professional practices\nreview committee duly constituted pursuant to the by-laws of such county\nmedical society or district osteopathic society, unless the review\nprocedures of such county medical society or district osteopathic\nsociety shall have been declared to be unacceptable for the purposes\nhereof by the commissioner. The physician members of such review\ncommittee shall thereupon have the responsibility of reporting such\ninformation to the board pursuant to paragraph (a) hereof, as required\nthereby, but in the event that such committee determines that a report\nshall be made to the board, the chairperson of such committee may\nfulfill the obligation of reporting on behalf of all the members of the\ncommittee.\n  (e) Nothing contained in this subdivision shall be so construed as to\nrequire any physician to violate a physician/patient privilege and\ntherefore, no physician shall be required to report any information to\nthe board which such physician has learned solely as a result of\nrendering treatment to another physician.\n  (f) A violation of this subdivision shall not be subject to the\nprovisions of sections twelve and twelve-b of this chapter.\n  * (g) (i) Any physician committee of the Medical Society of the State\nof New York, the New York State Osteopathic Society or a county medical\nsociety referred to in subparagraph (ii) of paragraph (c) of this\nsubdivision shall develop procedures in consultation with, and approved\nby, the commissioner, including but not limited to the following:\n  (A) The committee shall disclose at least once a month such\ninformation as the director of the office of professional medical\nconduct may deem appropriate regarding reports received, contacts or\ninvestigations made and the disposition of each report, provided however\nthat the committee shall not disclose any personally identifiable\ninformation except as provided in clause (B) or (C) of this\nsubparagraph.\n  (B) The committee shall immediately report to the director the name,\nall information obtained and the results of any contact or investigation\nregarding any physician who is believed to be an imminent danger to the\npublic.\n  (C) The committee shall report to the director in a timely fashion all\ninformation obtained regarding any physician who refuses to cooperate\nwith the committee, refuses to submit to treatment, or whose impairment\nis not substantially alleviated through treatment.\n  (D) The committee shall inform each physician who is participating in\na program of the procedures followed in the program, of the rights and\nresponsibilities of the physician in the program and of the possible\nresults of noncompliance with the program.\n  ** (ii) No member of any such committee; nor the Medical Society of\nthe State of New York, the New York State Osteopathic Society or a\ncounty medical society referred to in subparagraph (ii) of paragraph (c)\nof this subdivision that establishes a committee; nor any agent,\nservant, representative or employee that provides service to any such\ncommittee or society, shall be liable for damages to any person for any\naction taken by such committee, society, member, agent, servant,\nrepresentative or employee provided that such action was taken without\nmalice and within the scope of such individual's or entity's function in\nrelation to such committee.\n  ** NB Repealed July 1, 2028\n  ** (iii) The committee, in conjunction with the director of the office\nof professional medical conduct, shall develop appropriate consent forms\nand disclosure proceedings as may be necessary under any federal\nstatute, rule or regulation in order to permit the disclosure of the\ninformation as may be required under clauses (B) and (C) of subparagraph\n(i) of this paragraph.\n  ** NB Repealed July 1, 2028\n  **(iv) Except as provided in this paragraph and notwithstanding any\nother provision of law, neither the proceedings nor the records of any\nsuch physician committee shall be subject to disclosure under article\nthirty-one of the civil practice law and rules nor shall any member of\nany such committee nor any person in attendance at any such meeting be\nrequired to testify as to what transpired thereat.\n  ** NB Repealed July 1, 2028\n  * NB Expires July 1, 2028\n  (h) The office of professional medical conduct shall post on its\nwebsite information on patients' rights and reporting options under this\nsubdivision regarding professional misconduct, which shall specifically\ninclude information on reporting instances of misconduct involving\nsexual harassment and assault. All physicians' practice settings shall\nconspicuously post signage, visible to their patients, directing such\npatients to the office of professional medical conduct's website for\ninformation about their rights and how to report professional\nmisconduct.\n  12. Summary action. (a) Whenever the commissioner, (i) after being\npresented with information indicating that a licensee is causing,\nengaging in or maintaining a condition or activity which has resulted in\nthe transmission or suspected transmission, or is likely to lead to the\ntransmission, of communicable disease as defined in the state sanitary\ncode or HIV/AIDS, by the state and/or a local health department and if\nin the commissioner's opinion it would be prejudicial to the interests\nof the people to delay action until an opportunity for a hearing can be\nprovided in accordance with the prehearing and hearing provisions of\nthis section; or (ii) after an investigation and a recommendation by a\ncommittee on professional conduct of the state board for professional\nmedical conduct, based upon a determination that a licensee is causing,\nengaging in or maintaining a condition or activity which in the\ncommissioner's opinion constitutes an imminent danger to the health of\nthe people, and that it therefore appears to be prejudicial to the\ninterests of the people to delay action until an opportunity for a\nhearing can be provided in accordance with the prehearing and hearing\nprovisions of this section; the commissioner may order the licensee, by\nwritten notice, to discontinue such dangerous condition or activity or\ntake certain action immediately and for a period of ninety days from the\ndate of service of the order. Within ten days from the date of service\nof the said order, the state board for professional medical conduct\nshall commence and regularly schedule such hearing proceedings as\nrequired by this section, provided, however, that the hearing shall be\ncompleted within ninety days of the date of service of the order. To the\nextent that the issue of imminent danger can be proven without the\nattorney representing the office of professional medical conduct putting\nin its entire case, the committee of the board shall first determine\nwhether by a preponderance of the evidence the licensee is causing,\nengaging in or maintaining a condition or activity which constitutes an\nimminent danger to the health of the people. The attorney representing\nthe office of professional medical conduct shall have the burden of\ngoing forward and proving by a preponderance of the evidence that the\nlicensee's condition, activity or practice constitutes an imminent\ndanger to the health of the people. The licensee shall have an\nopportunity to be heard and to present proof. When both the office and\nthe licensee have completed their cases with respect to the question of\nimminent danger, the committee shall promptly make a recommendation to\nthe commissioner on the issue of imminent danger and determine whether\nthe summary order should be left in effect, modified or vacated, and\ncontinue the hearing on all the remaining charges, if any, in accordance\nwith paragraph (f) of subdivision ten of this section. Within ten days\nof the committee's recommendation, the commissioner shall determine\nwhether or not to adopt the committee's recommendations, in whole or in\npart, and shall leave in effect, modify or vacate his summary order. The\nstate board for professional medical conduct shall make every reasonable\neffort to avoid any delay in completing and determining such\nproceedings. If, at the conclusion of the hearing, (i) the hearing\ncommittee of the board finds the licensee guilty of one or more of the\ncharges which are the basis for the summary order, (ii) the hearing\ncommittee determines that the summary order continue, and (iii) the\nninety day term of the order has not expired, the summary order shall\nremain in full force and effect until a final decision has been rendered\nby the committee or, if review is sought, by the administrative review\nboard. A summary order shall be public upon issuance.\n  (b) When a licensee has pleaded or been found guilty or convicted of\ncommitting an act constituting a felony under New York state law or\nfederal law, or the law of another jurisdiction which, if committed\nwithin this state, would have constituted a felony under New York state\nlaw, or when a licensee has been charged with committing an act\nconstituting a felony under New York state or federal law or the law of\nanother jurisdiction, where the licensee's alleged conduct, which, if\ncommitted within this state, would have constituted a felony under New\nYork state law, and in the commissioner's opinion the licensee's alleged\nconduct constitutes an imminent danger to the health of the people, or\nwhen the duly authorized professional disciplinary agency of another\njurisdiction has made a finding substantially equivalent to a finding\nthat the practice of medicine by the licensee in that jurisdiction\nconstitutes an imminent danger to the health of its people, or when a\nlicensee has been disciplined by a duly authorized professional\ndisciplinary agency of another jurisdiction for acts which if committed\nin this state would have constituted the basis for summary action by the\ncommissioner pursuant to paragraph (a) of this subdivision, the\ncommissioner, after a recommendation by a committee of professional\nconduct of the state board for professional medical conduct, may order\nthe licensee, by written notice, to discontinue or refrain from\npracticing medicine in whole or in part or to take certain actions\nauthorized pursuant to this title immediately. The order of the\ncommissioner shall constitute summary action against the licensee and\nbecome public upon issuance. The summary suspension shall remain in\neffect until the final conclusion of a hearing which shall commence\nwithin ninety days of the date of service of the commissioner's order,\nend within ninety days thereafter and otherwise be held in accordance\nwith paragraph (a) of this subdivision, provided, however, that when the\ncommissioner's order is based upon a finding substantially equivalent to\na finding that the practice of medicine by the licensee in another\njurisdiction constitutes an imminent danger to the health of its people,\nthe hearing shall commence within thirty days after the disciplinary\nproceedings in that jurisdiction are finally concluded. If, at any time,\nthe felony charge is dismissed, withdrawn or reduced to a non-felony\ncharge, the commissioner's summary order shall terminate.\n  13. (a) Temporary surrender. The license and registration of a\nlicensee who may be temporarily incapacitated for the active practice of\nmedicine and whose alleged incapacity has not resulted in harm to a\npatient may be voluntarily surrendered to the board for professional\nmedical conduct, which may accept and hold such license during the\nperiod of such alleged incapacity or the board for professional medical\nconduct may accept the surrender of such license after agreement to\nconditions to be met prior to the restoration of the license. The board\nshall give prompt written notification of such surrender to the division\nof professional licensing services of the state education department,\nand to each hospital at which the licensee has privileges. The licensee\nwhose license is so surrendered shall notify all patients and all\npersons who request medical services that the licensee has temporarily\nwithdrawn from the practice of medicine. The licensure status of each\nsuch licensee shall be "inactive" and the licensee shall not be\nauthorized to practice medicine. The temporary surrender shall not be\ndeemed to be an admission of disability or of professional misconduct,\nand shall not be used as evidence of a violation of subdivision seven or\neight of section sixty-five hundred thirty of the education law unless\nthe licensee practices while the license is "inactive". Any such\npractice shall constitute a violation of subdivision twelve of section\nsixty-five hundred thirty of the education law. The surrender of a\nlicense under this subdivision shall not bar any disciplinary action\nexcept action based solely upon the provisions of subdivision seven or\neight of section sixty-five hundred thirty of the education law and\nwhere no harm to a patient has resulted, and shall not bar any civil or\ncriminal action or proceeding which might be brought without regard to\nsuch surrender. A surrendered license shall be restored upon a showing\nto the satisfaction of a committee of professional conduct of the state\nboard for professional medical conduct that the licensee is not\nincapacitated for the active practice of medicine provided, however,\nthat the committee may impose reasonable conditions on the licensee, if\nit determined that due to the nature and extent of the licensee's former\nincapacity such conditions are necessary to protect the health of the\npeople. The chairperson of the committee shall issue a restoration order\nadopting the decision of the committee. Prompt written notification of\nsuch restoration shall be given to the division of professional\nlicensing services of the state education department and to all\nhospitals which were notified of the surrender of the license.\n  (b) Permanent surrender. The license and registration of a licensee\nwho may be permanently incapacitated for the active practice of\nmedicine, and whose alleged incapacity has not resulted in harm to a\npatient, may be voluntarily surrendered to the board for professional\nmedical conduct. The board shall give prompt written notification of\nsuch surrender to the division of professional licensing services of the\nstate education department, and to each hospital at which the licensee\nhas privileges. The licensee whose license is so surrendered shall\nnotify all patients and all persons who request medical services that\nthe licensee has permanently withdrawn from the practice of medicine.\nThe permanent surrender shall not be deemed to be an admission of\ndisability of or professional misconduct, and shall not be used as\nevidence of a violation of subdivision seven or eight of section\nsixty-five hundred thirty of the education law. The surrender shall not\nbar any civil or criminal action or proceeding which might be brought\nwithout regard to such surrender. There shall be no restoration of a\nlicense that has been surrendered pursuant to this subdivision.\n  14. Reports. The board shall prepare an annual report for the\nlegislature, the governor and other executive offices, the medical\nprofession, medical professional societies, consumer agencies and other\ninterested persons. Such report shall include, but shall not be limited\nto, a description and analysis of the administrative procedures and\noperations based upon a statistical summary relating to (i) discipline,\n(ii) complaint, investigation, and hearing backlog and (iii) budget.\nInformation provided for these sections shall be enumerated by regional\noffice of the office of professional medical conduct.\n  * 15. The commissioner shall make grants to any physician committee as\nreferred to in subparagraph (ii) of paragraph (c) of subdivision eleven\nof this section to fund the operations of such committee during the\nauthorized demonstration period. Grants shall be awarded pursuant to an\nexpenditure plan developed by the sponsoring organization in\nconsultation with, and approved by the commissioner. No funds shall be\nmade available unless the committee's procedures have been approved by\nthe commissioner pursuant to paragraph (g) of subdivision eleven of this\nsection.\n  * NB Repealed July 1, 2028\n  16. Liability. Notwithstanding any other provision of law, persons who\nassist the department as consultants, expert witnesses, administrative\nofficers or monitors in the investigation, prosecution or hearing of\nalleged professional misconduct, licensure matters, restoration\nproceedings, probation, or criminal prosecutions for unauthorized\npractice, shall not be liable for damages in any civil action or\nproceeding as a result of such assistance, except upon proof of actual\nmalice. The attorney general shall defend such persons in any such\naction or proceeding, in accordance with section seventeen of the public\nofficers law.\n  17. Monitoring. (a) A licensee may be ordered to have his or her\npractice monitored by another appropriate licensee after investigation\nand review pursuant to paragraph (a) of subdivision ten of this section,\nif there is reason to believe that the licensee is unable to practice\nmedicine with reasonable skill and safety to patients.\n  (b) The director of the office of professional medical conduct, after\nconsultation with the executive secretary, shall direct counsel to\nprepare a notice detailing the reasonable cause and a copy of the notice\nshall be served on the licensee. The matter shall be presented to a\ncommittee on professional conduct by an attorney for the department and\nthe licensee shall have the opportunity to be heard by such committee\nand may be represented by counsel. A stenographic record of the\nproceeding shall be made. Service of the notice shall be in accordance\nwith the methods of service authorized by paragraph (d) of subdivision\nten of this section.\n  (c) If the committee determines that reasonable cause exists as\nspecified in paragraph (a) of this subdivision and that there is\ninsufficient evidence for the matter to constitute misconduct as defined\nin sections sixty-five hundred thirty and section sixty-five hundred\nthirty-one of the education law, the committee may issue an order\ndirecting that the licensee's practice of medicine be monitored for a\nperiod specified in the order, which shall in no event exceed one year,\nby a licensee approved by the director, which may include members of\ncounty medical societies or district osteopathic societies designated by\nthe commissioner. The licensee responsible for monitoring the licensee\nshall submit regular reports to the director. If the licensee refuses to\ncooperate with the licensee responsible for monitoring or if the\nmonitoring licensee submits a report that the licensee is not practicing\nmedicine with reasonable skill and safety to his or her patients, the\ncommittee may refer the matter to the director for further proceedings\npursuant to subdivision ten of this section. An order pursuant to this\nparagraph shall be kept confidential and shall not be subject to\ndiscovery or subpoena, unless the licensee refuses to comply with the\norder.\n  (d) A licensee may not seek the appointment of a monitor pursuant to\nthis subdivision in lieu of an order issued pursuant to subdivision\nseven of this section or a disciplinary proceeding pursuant to\nsubdivision ten or twelve of this section.\n  18. (a) The director shall have the authority to monitor physicians,\nphysician's assistants and specialist's assistants who have been placed\non probation pursuant to a determination of professional misconduct by\nthe board. During such period of probation, the director, or his or her\ndesignee, as provided in the order of the board, and after consultation\nwith the executive secretary, (i) may review the professional\nperformance of the licensee by randomly selecting office records,\npatient records and hospital charts, (ii) may require periodic visits by\nthe licensee to a member of the state board for professional medical\nconduct or an employee of the office of professional medical conduct,\n(iii) may require the licensee to obtain an appropriate monitor,\napproved by the director, to monitor the licensee's practice, (iv) may\nrequire an audit of the licensee's billings for services rendered during\nprobation, (v) may require the licensee to submit on a random basis to\ntests for the presence of alcohol or drugs, (vi) may require the\nlicensee to obtain additional training prior to completion of the\nprobation, (vii) may require the licensee to work in a supervised\nsetting, (viii) may require, as a condition of the licensee's continued\npractice, that the licensee undergo therapy and/or treatment approved\nand monitored by the director, (ix) may require that the licensee comply\nwith the requirements of the penalty imposed, and (x) may impose upon\nthe licensee such additional requirements as reasonably relate to the\nmisconduct found or are necessary to protect the health of the people\npursuant to regulation. The director is authorized to delegate some or\nall of the foregoing responsibilities to designated county medical\nsocieties and district osteopathic societies.\n  (b) Any health care provider licensed pursuant to this chapter or the\neducation law, hospital licensed pursuant to article twenty-eight of\nthis chapter or medical school that participates in a monitoring or\nremediation program pursuant to this subdivision and subdivision\nseventeen of this section shall not be liable for the negligence of the\nmonitored licensee in providing medical care pursuant to a monitoring\nprogram. However, this paragraph does not diminish the participating\nprovider's, hospital's or school's liability for failure to exercise\nreasonable care in properly carrying out its responsibilities under the\nprogram. The monitored licensee shall be required to maintain medical\nmalpractice insurance coverage with limits no less than two million\ndollars per occurrence and six million dollars per policy year.\n  19. Upon receipt of information that indicates a licensee may be in\nviolation of the terms or conditions of probation, the director of the\noffice of professional medical conduct shall conduct an investigation.\nIf the director determines that a licensee may have violated probation,\nthe director shall give notice by letter to the licensee of the facts\nforming the basis of the alleged violation of probation by the licensee,\nthat the licensee has a right to a hearing and may be represented by\ncounsel. If the licensee does not dispute the facts forming the basis of\nthe alleged violation of probation within twenty days of the date of the\nletter, the director shall submit the matter to a committee on\nprofessional conduct for its review and determination. If within twenty\ndays of the date of the letter, the licensee disputes any of the facts\nforming the basis of the alleged violation of probation, the licensee\nshall be afforded a hearing before a committee on professional conduct\nto hear and make findings of fact, conclusions of law and a\ndetermination. A stenographic record of the hearing shall be made. The\ncommittee, after providing a licensee with an opportunity to be heard,\nshall determine whether the licensee has violated probation and shall\nimpose an appropriate penalty as defined in section two hundred thirty-a\nof this title. In determining the appropriate penalty, the committee\nshall consider both the violation of probation and the prior\nadjudication of misconduct. The chairperson of the committee shall issue\nan order adopting the decision of the committee on professional conduct.\nThe order may be reviewed by the administrative review board for\nprofessional medical conduct.\n