New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 17 - Disciplinary Proceedings In The Professions › Section 17.9 - Summary suspensions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If the
				director of the Office of Professional Discipline or that officer's designee
				believes that the public health, safety or welfare imperatively requires
				emergency action against a professional license, certificate, registration,
				permit or other authorization of the licensee to practice under title VIII of
				the Education Law, the director or the director's designee may make an
				application, on behalf of the department, to the Board of Regents for the
				summary suspension of said authorization pending the prompt institution
				prosecution and completion of formal disciplinary proceedings as provided under
				section 6510  of the Education Law.
(b) Summary suspension proceedings shall be
				commenced by the service on the licensee of a notice of hearing and a verified
				petition. The notice of hearing shall state the time and place of oral argument
				on the application for summary suspension and the regent designated by the
				chancellor to hear the matter, and shall include a copy of this rule. The
				notice of hearing and petition shall be personally served upon the licensee no
				later than five days prior to the date set for oral argument. If personal
				service cannot be made after due diligence, the notice of hearing and petition
				may be served by certified mail, to the licensee's last known address, not less
				than eight days prior to the date set for oral argument. The petition shall set
				forth the basis for the application and shall include sworn statements upon
				personal knowledge and/or exhibits demonstrating probable cause to believe that
				respondent has committed professional misconduct and that the public health,
				safety or welfare imperatively requires emergency action to summarily suspend
				respondent's license. A verified answer and any sworn statements and supporting
				exhibits may be served by respondent upon the director of the Office of
				Professional Discipline or the director's designee no later than two days prior
				to the date set for oral argument. The director of the Office of Professional
				Discipline or the directors's designee may serve a verified reply, together
				with any sworn statement and supporting exhibits, to the answer no later than
				the day prior to the date of oral argument. The answer and/or reply may be
				served by certified mail by mailing to the addressee no later than three and
				two days, respectively, prior to the date set for oral argument. The petition,
				answer and reply, together with any sworn statement and supporting exhibits,
				shall be transmitted at the time of service of each paper to the regent
				designated to hear the case. Saturdays, Sundays and legal holidays shall be
				excluded in calculating the periods of time set forth in this
				subdivision.
(c) At the oral
				argument, the Office of Professional Discipline and respondent and/or his or
				her attorney shall have the right to be heard, but no testimony shall be taken
				and no transcript of oral arguments shall be required. No further papers shall
				be submitted at the oral argument except by permission of the regent designated
				to conduct the proceeding.
(d) The
				regent designated by the chancellor to conduct the proceeding shall submit a
				written report of his or her conclusions and recommendation(s) to the Board of
				Regents, which shall determine whether to grant or deny the application for
				summary suspension. A determination by the Board of Regents granting the
				application must be based upon a finding that the public health, safety or
				welfare imperatively requires emergency action.
(e) Any determination of the Board of Regents
				shall be without prejudice to the department or licensee in any subsequent
				formal disciplinary proceeding.