New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 3 - University Of The State Of New York; State Education Department › Section 3.3 - Board of regents disciplinary procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The following rules shall apply to disciplinary matters
				  determined pursuant to the provisions of title VIII of the Education
				  Law:
(a) The respondent shall be given
				at least 20 days' notice of the time and place of the meeting of the Regents
				review committee.
(b) The
				respondent shall have 12 days to file an original and 10 copies of a brief with
				the director of the Office of Professional Discipline. The State Education
				Department or the Department of Health may submit an answering brief, with a
				copy to respondent, at least one day prior to the scheduled date for
				review.
(c) The time to be allotted
				to counsel for presentation of their arguments shall be determined by the
				Regents review committee.
(d) After
				the meeting of the Regents review committee, it shall transmit a written report
				of its review to the Board of Regents. The report shall be signed by the
				chairperson or by a majority of the members of the Regents review committee
				which reviewed the matter.
(e) The
				commissioner or his or her designee shall execute all orders in connection with
				disciplinary proceedings, as directed by the Board of Regents. An order shall
				be effective as of the date of the personal service of the order upon the
				respondent or five days after mailing by certified mail to the last known
				address.
(f) An application for
				reconsideration of a determination of the Board of Regents in disciplinary
				proceedings may be made, in writing, at any time subsequent to the service of
				the order of the commissioner or his or her designee in accordance with such
				determination. The making of such an application shall not effect a stay of the
				determination sought to be reconsidered. No such application will be granted in
				the absence of a showing that the determination was based on an error of law,
				or that there is new and material evidence which was not previously available,
				or that circumstances have occurred subsequent to the original determination
				which warrant a reconsideration of the measure of discipline. The original and
				nine copies of each such application and all supporting papers shall be
				submitted to the director of the Office of Professional Discipline, who, in the
				exercise of discretion, shall determine whether the application warrants
				referral to the Board of Regents for its determination based upon any of the
				grounds set forth by the applicant as the basis for the application. If such
				referral is warranted, the director shall deliver one copy to the attorney
				assigned to the case, and shall refer the application to a Regents review
				committee or, if the determination of the Board of Regents was made pursuant to
				the provisions of article II-A of the Public Health Law to the Commissioner of
				Health. The Commissioner of Health may submit a recommendation to the Regents
				review committee. Oral argument on applications submitted to a Regents review
				committee will not be permitted, unless requested by such committee, but the
				respondent may submit affidavits and a brief, and the State Education
				Department or the Department of Health may submit answering affidavits and a
				brief within 20 days after receipt of the application. The Regents review
				committee shall submit a written report of its recommendation to the Board of
				Regents, which shall make the final determination on all such
				applications.