New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter F - Private Schools › Part 126 - Licensed Private Career Schools Or Licensed Private Schools › Section 126.14 - Disciplinary actions and penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Disciplinary action against schools. In
				  determining the penalty to be imposed upon a finding that disciplinary action
				  against a school is warranted, in accordance with the provisions of Education
				  Law, section
				  5003, the commissioner shall take into
				  account the effect of the conduct which formed the basis for the disciplinary
				  proceeding upon the students attending the school, the general public and any
				  other affected individual or group. Prior to initiating action against schools
				  during the initial two-year licensing period, the commissioner shall take into
				  consideration the factors set forth in section 5003 (1)(d)  of the
				  Education Law.
(b) Disciplinary
				  actions against private school agents.
(1)
				  The commissioner, after affording a certified private school agent notice and
				  an opportunity to be heard, may fine such agent, or suspend or revoke such
				  agent's certificate at any time for failure to comply with the requirements of
				  the Education Law or of this Part or for any other good cause.
(2) Revocation or suspension of a private
				  school agent's certificate. Where the commissioner seeks to revoke or suspend a
				  private school agent's certificate, the certificate holder shall be given
				  reasonable notice of the nature of the proceeding and a statement sufficiently
				  particular to give notice of the transactions and occurrences involved and the
				  material elements of each cause of action against the certificate holder. The
				  certificate holder shall also be given notice of an opportunity for a hearing
				  in accordance with subparagraph (i) of this paragraph.
(i) If a hearing is requested, the
				  certificate holder shall be given reasonable notice of the time, place and
				  nature of the hearing. The certificate holder may appear in person or may be
				  represented at the hearing by an attorney, may respond and present evidence and
				  argument on the issues involved, and may cross-examine witnesses. The hearing,
				  at which a verbatim record shall be taken, shall be held before a hearing
				  officer designated by the commissioner, who shall have the powers of a
				  presiding officer in accordance with section 304 of the State Administrative
				  Procedure Act. The strict rules of evidence shall not apply to such hearings,
				  but the decision of the hearing officer shall be supported by substantial
				  evidence in the record. Disposition may be made in any hearing by stipulation,
				  agreed settlement, consent order, default or other informal method. The
				  decision of the hearing officer shall be delivered or mailed forthwith to the
				  certificate holder and to his or her attorney of record.
(ii) If a hearing is not requested, the
				  commissioner shall issue a determination based upon the evidence submitted in
				  support of the charges and any additional evidence submitted by the certificate
				  holder.
(3) Fines. Where
				  the commissioner seeks to impose a fine on a certified private school agent for
				  misconduct not warranting a more severe disciplinary penalty, the department
				  shall serve notice of the charges upon the certificate holder either by
				  personal service or certified mail. Such notice shall specify the basis for the
				  charges with sufficient particularity to apprise the certificate holder of the
				  nature of the incidents or transactions leading to the charges, and shall
				  contain a statement that unless an answer to the charges is received by the
				  department within 20 days after personal service of the notice or within 25
				  days after service by certified mail, the charges will be deemed to be true and
				  a fine will be imposed. The certificate holder may answer the charges and may
				  submit evidence in written form, including affidavits, in support of such
				  answer. If the commissioner finds that the charges of misconduct are supported
				  by substantial evidence, the commissioner shall impose an appropriate fine and
				  shall notify the certificate holder of such determination by mail. Failure to
				  pay such a fine within four months after receipt of such notice shall
				  constitute good cause for suspension or revocation of a private school agent's
				  certificate.
(4) Indemnification.
				  No employer of a private school agent other than a school may indemnify or
				  otherwise reimburse an agent for fines imposed on the agent pursuant to this
				  subdivision and Education Law, section
				  5004(7). If the agent
				  demonstrates, to the satisfaction of the commissioner, that the action for
				  which the agent was fined was undertaken because of explicit instructions from
				  the school owner, director, or other school administrator, the commissioner
				  shall take appropriate disciplinary action against the school in accordance
				  with Education Law, section
				  5003, to require the school to indemnify or
				  reimburse the agent the amount of the fine and pay to the commissioner an
				  additional fine of an equal amount.