reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 22 - Certificates Of Literacy › Section 22.7 - Place of examination

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided in this Part, the examination of
				  applicants for certificates of literacy at local registration shall be
				  conducted in public school buildings, offices or other places convenient of
				  access, which shall be designated by the local superintendent of schools.
				  Examinations given by central registration boards shall take place in the
				  offices of the county board of elections used for central
				  registration.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 22 - Certificates Of Literacy › Section 22.8 - Time of examination

Current through Register Vol. 46, No. 28, July 10, 2024
Literacy tests shall be administered as follows:
(a) At local registration, on the days
				designated for local registration of voters and on any additional days
				designated by the superintendent of schools and at hours designated by the
				superintendent of schools.
(b) At
				central registration, on the days when central registration is permitted and at
				any time during business hours.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 22 - Certificates Of Literacy › Section 22.9 - Delivery of certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Certificates of literacy shall be delivered in person or
				  mailed as soon as practicable after the close of the examination to all
				  applicants who pass the New York State Regents literacy test.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 22 - Certificates Of Literacy › Section 22.10 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
Superintendents of schools and county boards of elections
				  shall forward to the commissioner within 30 days after election day a
				  statistical report on a form furnished by the commissioner, and shall retain
				  all other literacy testing materials for a period of one
				  year.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 22 - Certificates Of Literacy › Section 22.11 - Boards of elections to be notified

Current through Register Vol. 46, No. 28, July 10, 2024
On or before the second Monday preceding the first day of
				  registration in the fall, each superintendent authorized to issue certificates
				  of literacy shall notify the boards of elections of all counties in which the
				  school district is located, by mail, on forms supplied by the State Education
				  Department, of the places, days and times of day designated by him for the
				  issuance of certificates of literacy.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 23 - Commercialism In Public Schools › Section 23.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Board of education shall mean the
				governing body, by whatever name known, of a union free school district,
				central school district, central high school district, city school district or
				community school district; or a board of cooperative educational services or a
				vocational education and extension board.
(b) Commercial promotional activity shall
				mean any activity, designed to induce the purchase of a particular product or
				service by students, or to extol the benefits of such product or service to
				students for the purpose of making its purchase more attractive, that is
				conveyed to students electronically through such media as, but not limited to,
				television and radio.
(c)
				Commercial sponsorship shall mean the sponsorship or the underwriting of an
				activity on school premises which does not involve the commercial promotion of
				a particular product or service.
(d) School premises shall mean any real
				property, school vehicle or facility under the control of a local board of
				education where access to school children may be had by virtue of their
				attendance at school, including but not limited to school buildings, school
				buses and school grounds.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 23 - Commercialism In Public Schools › Section 23.2 - Prohibition of commercial promotional activity in the public schools

Current through Register Vol. 46, No. 28, July 10, 2024
Boards of education or their agents shall not enter into
				  written or oral contracts, agreements or arrangements for which the
				  consideration, in whole or in part, consists of a promise to permit commercial
				  promotional activity on school premises, provided that nothing in this Part
				  shall be construed as prohibiting commercial sponsorship of school
				  activities.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.1 - Membership

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall consist of three
				  department officers designated by the Board of Regents pursuant to section 6506 (10)  of the Education
				  Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall review and make
				  recommendations or determinations in licensing and disciplinary matters as
				  provided in this Part or pursuant to referrals from the Board of
				  Regents.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.3 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall review and determine
				  questions of the preprofessional or professional education of applicants for
				  licensure or other authorizations to practice in accordance with the following
				  standards.
(a) Preprofessional
				education.
(1) The Committee on the
				Professions may accept graduation from a professional program which is either
				registered by the department or nationally accredited in lieu of a maximum of
				six semester hours of preprofessional education.
(2) The Committee on the Professions may
				accept postsecondary study satisfactory to the department and performed after
				completion of professional study requirements in lieu of a maximum of 30
				semester hours of required preprofessional study.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.4 - Review of appeals-education or experience

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions may review and determine
				  appeals for licensing determinations of the department staff relating to
				  education or experience requirements if the chairman of the committee
				  determines that the appeal involves a substantial or novel question which
				  should be reviewed by the committee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.5 - Review of appeals-license surrender and restoration

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall review and determine
				  appeals pursuant to section
				  18.7  of this Title
				  relating to the voluntary surrender and restoration of
				  licenses.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.6 - Review of questions of moral character and evaluation of prior disciplinary history

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall review and determine
				  questions of moral character, and evaluate and determine an applicant's
				  qualifications to practice the licensed professions based upon a prior
				  disciplinary history, in accordance with the provisions of Part 28 of this
				  Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.8 - Unacceptable practice protocols

Current through Register Vol. 46, No. 28, July 10, 2024
The Committee on the Professions shall review and determine
				  appeals from findings of unacceptable practice protocols involving nurse
				  practitioners and collaborating physicians.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 24 - Committee On The Professions › Section 24.9 - Reconsideration

Current through Register Vol. 46, No. 28, July 10, 2024
An application for reconsideration of a determination made by
				  the Committee on the Professions or by the Board of Regents following a
				  Committee on the Professions recommendation may be accepted upon a showing that
				  the original action was based on an error of law, or that there is new and
				  material evidence which was not previously available, or that circumstances
				  have changed subsequent to the original determination.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 25 - Appearances Before The Board Of Regents › Section 25.1 - Applications

Current through Register Vol. 46, No. 28, July 10, 2024
Any person wishing to be heard at a public meeting of the
				  Board of Regents shall submit a written request to that effect at least 10 days
				  in advance of the date of the meeting at which he wishes to be heard. Such
				  request shall be addressed to the Commissioner of Education, State Education
				  Building, Albany, New York, and shall clearly state:
(a) the subject matter on which the applicant
				wishes to be heard;
(b) the purpose
				of the proposed appearance;
(c) the
				amount of time requested for such appearance.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 25 - Appearances Before The Board Of Regents › Section 25.2 - Appearances

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall advise the applicant whether or not
				  the requested opportunity to be heard is granted.
(a) If the request is granted, the applicant
				shall be advised as to the time and place at which to appear, and the length of
				time to be allowed for his appearance. The applicant shall file a written text
				of his remarks with the Commissioner of Education at the time of his
				appearance.
(b) If the request is
				not granted, the application may submit a written text of his remarks to the
				commissioner by mail.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 26 - Educational Broadcast Councils And Associations › Section 26.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part:
(a) Council means a Regents chartered
				broadcasting corporation designated by the department's State plan to provide a
				major broadcast station and production studio facilities in the municipalities
				of Buffalo, Garden City, Rochester, Schenectady, Syracuse and New York City and
				any other municipality the commissioner may designate.
(b) Association means a Regents chartered
				broadcasting corporation designated by the department's State plan to provide a
				broadcast station with limited studio production capability as approved by the
				commissioner.
(c) State plan means
				the plan of broadcast station development as approved by the commissioner in
				accordance with rules and regulations of the Federal Communications
				Commission.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 26 - Educational Broadcast Councils And Associations › Section 26.2 - Certified audit and report

Current through Register Vol. 46, No. 28, July 10, 2024
Each council or association shall submit a certified
				  financial audit and a narrative report of activity, having a form and content
				  satisfactory to the Regents or commissioner, within three months after the
				  close of each reporting period as described below. These reports shall be
				  provided annually. However, additional reports may be required by the Regents
				  or commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 26 - Educational Broadcast Councils And Associations › Section 26.3 - Evaluations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				commissioner shall appoint representatives who shall visit the council's or
				association's place of business for the purpose of evaluating fiscal,
				management, and technical policies and practices.
(b) Such evaluations shall be conducted by
				the department at such intervals as the commissioner may direct and at a time
				selected by the commissioner.
(c) A
				full report of findings and recommendations shall be made to the entire board
				of trustees of the council or association.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 26 - Educational Broadcast Councils And Associations › Section 26.4 - Financial accounting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
				trustee or officer of a council or association may, on behalf of the council or
				association, or by virtue of his position or office on the council or
				association, negotiate, prepare, authorize or approve a contract or authorize
				or approve payment thereunder when such a contract or claim may provide said
				trustee or officer with direct or indirect pecuniary benefit as defined in
				article 18 of the General Municipal Law. The provisions of this section shall
				in no event be construed to preclude the payment of lawful compensation and
				necessary expenses of any trustee, officer, or employee.
(b) The board of trustees shall:
(1) appoint a treasurer who shall hold office
				at the pleasure of the board;
(2)
				insure that the treasurer shall have free access to all financial records of
				the council or association;
(3)
				follow standard financial recording procedures acceptable to the department. A
				certified public accountant or a public accountant shall certify the council's
				or association's financial statements which are forwarded to the Regents or the
				commissioner;
(4) require the board
				treasurer to render each quarter a statement of revenue and expenses and a
				balance sheet for the guidance of the board of directors, or, if authorized by
				the board, its executive committee;
(5) forward to the commissioner a copy of the
				minutes of all meetings of the board of trustees and of the executive committee
				within 30 days of the approval of said minutes.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.1 - General plan

Current through Register Vol. 46, No. 28, July 10, 2024
A general plan for the organization, development,
					 coordination and operation of an education opportunity program shall be
					 submitted individually by the City University of New York and State University
					 of New York. Such plan shall, in addition to the requirements in section 6452,
					 include but not be limited to:
(a) the
				  objectives of the institution's education opportunity program, both short- and
				  long-range;
(b) the criteria for
				  student eligibility for inclusion in the institution's opportunity
				  program;
(c) the description of
				  program contents, including programs of counseling and advisement, tutoring,
				  remedial, developmental and compensatory courses, and other supportive services
				  at the constituent institutions;
(d) procedures for the evaluation of program
				  effectiveness;
(e) the nature and
				  extent of coordination with other public and nonpublic institutions in New York
				  State;
(f) plans for periodic
				  reports to the Regents and the Commissioner of Education beyond those required
				  by the Rules of the Board of Regents and the Regulations of the Commissioner of
				  Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.2 - Date of submission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  general plan shall be transmitted to the Board of Regents and the Commissioner
				  of Education, or to the person designated by them by July 15, 1970.
(b) In 1971 and thereafter, the plan will be
				  due on or before the first day of May.
(c) On September 1, 1970, an accounting of
				  the number of students admitted to education opportunity programs at the
				  constituent units of City University and State University will be forwarded to
				  the Board of Regents and the Commissioner of Education, or to the person
				  designated by them.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.3 - Financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) City
				  University of New York and State University of New York shall each promulgate
				  criteria for the awarding of supplemental financial assistance to students
				  enrolled in their education opportunity program. Such criteria shall include
				  but not be limited to family income and responsibility and projected books and
				  maintenance costs.
(b) Such
				  criteria shall be transmitted to the Regents and the Director of the Budget by
				  July 15, 1970.
(c) Proposed changes
				  in such criteria shall be included in the general plan to be transmitted to the
				  Board of Regents and the commissioner pursuant to the provisions of section
				  27-2.1  of this
				  Subpart, on or before the first day of May preceding the academic year in which
				  they take effect.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.4 - Final report

Current through Register Vol. 46, No. 28, July 10, 2024
On or before October 15th of each fiscal year, the trustees
					 of the State University of New York and the Board of Higher Education in New
					 York City shall each furnish to the Regents and to other persons noted in
					 section 6452 a comprehensive final report, including, in addition to the
					 mandated requirements, but not limited to:
(a) a description of the program, including
				  variations at the constituent institutions;
(b) the progress of students and other
				  factors of program success with a comparison to other students enrolled in the
				  institution;
(c) the extent and
				  nature of the responsibility exercised over such program by the central offices
				  of the City University and the State University;
(d) plans for program change, expansion and
				  development;
(e) the extent and
				  nature of student and community involvement in program planning and development
				  at the constituent institutions;
(f) the extent and nature of faculty and
				  staff involvement and participation in planning at the constituent
				  institutions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.5 - Interim reports

Current through Register Vol. 46, No. 28, July 10, 2024
City University and State University shall furnish such
					 interim reports as shall be required by the Commissioner of
					 Education.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 27 - Higher Education Opportunity Programs › Subpart 27-2 - Public Institutions › Section 27-2.6 - Student Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
To be eligible for benefits pursuant to the provisions of
					 Education Law section
					 6452, a student enrolled in the City
					 University of New York or State University of New York must be both
					 educationally and economically disadvantaged per the criteria established in
					 section
					 27-1.1  of
					 this Title.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.1 - Determination of good moral character

Current through Register Vol. 46, No. 28, July 10, 2024
The determination of whether an applicant for authorization
					 to practice a profession, under title VIII of the Education Law, is of good
					 moral character shall be made in accordance with the procedures specified in
					 this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.2 - Information

Current through Register Vol. 46, No. 28, July 10, 2024
All information indicating that an applicant has been
					 convicted of a crime, or has committed an act which raises a reasonable
					 question as to the applicant's moral character, shall be referred to the
					 director of the Office of Professional Discipline or his or her
					 designee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.3 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the Office of Professional Discipline, or
					 his or her designee, shall arrange for a full and complete investigation of the
					 circumstances surrounding such conviction or act. If it is determined that a
					 reasonable question exists as to the applicant's moral character, then the
					 director, or his or her designee, shall submit the results of the
					 investigation, including any letters of reference from peers or others which
					 may have been submitted by the applicant, to a panel of the appropriate
					 professional State Board for its review. The panel shall consist of three or
					 more members of the State Board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.4 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
Upon such review, the panel, by majority vote, may conclude
					 in favor of the applicant to the effect that the moral character of the
					 applicant is adequate for licensure, thereby fulfilling that licensure
					 requirement, and the applicant and the director of the Division of Professional
					 Licensing Services shall be notified of such conclusion by the Office of
					 Professional Discipline. If, upon such review, the panel concludes, by a
					 majority vote, that a substantial question exists as to the moral character of
					 the applicant, the applicant shall be notified thereof. Upon the written
					 request of the applicant, within 30 days after receipt of such notice, the
					 department shall schedule a hearing on such question.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.5 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall be given 15 days' notice, by mail, of
					 the time and place of the hearing and a statement of the matters asserted which
					 raised the question of the applicant's moral character. The applicant may be
					 represented at the hearing by an attorney, may cross-examine witnesses, may
					 produce witnesses, and may present evidence in support of the applicant's good
					 moral character. The hearing, at which a verbatim record shall be taken, shall
					 take place before a panel consisting of three or more members of the
					 appropriate professional State Board, and before an administrative officer
					 admitted to practice as an attorney in the State of New York, designated by the
					 department. Such administrative officer shall have authority to rule on all
					 motions, procedures and other legal objections, but shall not be entitled to
					 vote in the determination of the panel. The determination of the panel shall be
					 made by a majority vote of the panel and shall be rendered in a written report
					 which shall be drafted by the administrative officer, shall reflect the
					 determination and recommendations of the panel, and shall be subject to the
					 approval of and signature by the panel chairperson on behalf of the panel.
					 Copies of the report shall be forwarded to the director of the Division of
					 Professional Licensing Services and to the applicant.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.6 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant or the director of the Office of Professional
					 Discipline may appeal the determination of the panel concerning the licensure
					 requirement of good moral character by filing a written notice of appeal
					 therefrom with the Committee on the Professions within 30 days after service of
					 the report of the panel upon the party taking the appeal. In the event no
					 appeal is taken from the determination of the panel, the determination of the
					 panel shall be final. In the event either party appeals from the determination
					 of the panel, the appellant may submit a brief to the Committee on the
					 Professions and the opposing party within 30 days after filing the notice of
					 appeal. An answering brief may be filed by the opposing party with the
					 Committee on the Professions within 20 days after the receipt by the opposing
					 party of the brief submitted by the appellant. The Committee on the Professions
					 may affirm, reverse or modify the determination of the panel and/or make such
					 other determination as it may deem just and proper under the circumstances. The
					 determination of the Committee on the Professions shall be final and copies
					 thereof shall be forwarded to the applicant and to the director of the Office
					 of Professional Discipline.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.7 - Reapplication

Current through Register Vol. 46, No. 28, July 10, 2024
Whether or not the applicant appeals from the determination
					 of the panel, the applicant may reapply for licensure to the director of the
					 Division of Professional Licensing Services after the expiration of 18 months
					 from the date of service of the report of the panel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-1 - Determination Of Good Moral Character For Authorization To Practice The Licensed Professions › Section 28-1.8 - Proficiency examination

Current through Register Vol. 46, No. 28, July 10, 2024
If the Committee on the Professions determines that the
					 applicant otherwise meets the moral character requirements, but has failed to
					 remain current with developments in the profession, and a substantial question
					 is presented as to the applicant's current fitness to enter into the active
					 practice of the profession, the Committee on the Professions may require that
					 the applicant take and obtain satisfactory grades on a proficiency examination
					 satisfactory to the department prior to the issuance of a license or limited
					 permit.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.1 - Prior disciplinary history

Current through Register Vol. 46, No. 28, July 10, 2024
For purpose of this Subpart, prior disciplinary history
					 means:
(a) while engaged in practice
				  in another jurisdiction, the applicant has been subject to disciplinary action
				  by a duly authorized professional disciplinary agency of such other
				  jurisdiction, where the conduct upon which the disciplinary action was based
				  would, if committed in New York State, constitute practicing the profession
				  beyond its authorized scope, with gross incompetence, with gross negligence on
				  a particular occasion, or with negligence or incompetence on more than one
				  occasion under the laws of New York State; or
(b) while engaged in practice in another
				  jurisdiction, the applicant has voluntarily or otherwise surrendered his or her
				  professional license in another jurisdiction after a disciplinary action was
				  instituted by a duly authorized professional disciplinary agency of such other
				  jurisdiction, based on conduct that would, if committed in New York State,
				  constitute practicing the profession beyond its authorized scope, with gross
				  incompetence, with gross negligence on a particular occasion, or with
				  negligence or incompetence on more than one occasion under the laws of New York
				  State.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.2 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to establish procedures by
					 which the department shall evaluate the prior disciplinary history, as defined
					 in section
					 28-2.1 
					 of this Subpart, of an applicant in order to determine whether the applicant is
					 qualified to practice a licensed profession under title VIII of the Education
					 Law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.3 - Information

Current through Register Vol. 46, No. 28, July 10, 2024
All information indicating that an applicant has a prior
					 disciplinary history shall be referred to the director of the Office of
					 Professional Discipline or his or her designee.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.4 - Investigation

Current through Register Vol. 46, No. 28, July 10, 2024
The director of the Office of Professional Discipline, or
					 his or her designee, shall arrange for a full and complete investigation of the
					 circumstances surrounding a prior disciplinary history. If it is determined
					 that a reasonable question exists as to the applicant's qualifications to
					 practice a licensed profession based upon the applicant's prior disciplinary
					 history, then the director, or his or her designee, shall submit the results of
					 the investigation, including any letters of reference from peers or others
					 which may have been submitted by the applicant, to a panel of the appropriate
					 professional State Board for its review. The panel shall consist of three or
					 more members of the State Board.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.5 - Review

Current through Register Vol. 46, No. 28, July 10, 2024
Upon such review, the panel, by majority vote, may conclude
					 in favor of the applicant to the effect that the applicant's qualifications to
					 practice a licensed profession based upon a prior disciplinary history are
					 adequate, thereby fulfilling the licensure, endorsement, or permit requirement,
					 and the applicant and the director of the Division of Professional Licensing
					 Services shall be notified of such conclusion by the Office of Professional
					 Discipline. If, upon such review, the panel concludes, by a majority vote, that
					 a substantial question exists as to the applicant's qualifications to practice
					 a licensed profession based upon his or her prior disciplinary history, the
					 applicant shall be notified thereof. Upon the written request of the applicant,
					 within 30 days after receipt of such notice, the department shall schedule a
					 hearing on such question.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.6 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The applicant
				  shall be given 15 days' notice, by mail, of the time and place of the hearing
				  and a statement of the matters asserted which raised the question of the
				  applicant's qualifications to practice a licensed profession based upon his or
				  her prior disciplinary history.
(b)
				  The applicant may be represented at the hearing by an attorney, may
				  cross-examine witnesses, may produce witnesses, and except as limited in this
				  subdivision may present evidence on the conduct underlying the applicant's
				  prior disciplinary history. In cases in which the applicant in his or her prior
				  disciplinary history has been found guilty of professional misconduct, or has
				  admitted such guilt, and has had an opportunity for a hearing in the other
				  jurisdiction, the evidence in the hearing in this proceeding shall be limited
				  to a consideration of whether the conduct for which the applicant has been
				  found guilty or admitted guilt is sufficiently egregious to result in a denial
				  of authorization to practice the licensed profession in New York State, and
				  whether the prior disciplinary action constitutes a prior disciplinary history
				  as defined in section
				  28-2.1 
				  of this Subpart.
(c) The hearing,
				  at which a verbatim record shall be taken, shall take place before a panel
				  consisting of three or more members of the appropriate professional State
				  Board, and before an administrative officer admitted to practice as an attorney
				  in the State of New York, designated by the department. Such administrative
				  officer shall have authority to rule on all motions, procedures and other legal
				  objections, but shall not be entitled to vote in the determination of the
				  panel.
(d) The determination of the
				  panel shall be made by a majority vote of the panel and shall be rendered in a
				  written report which shall be drafted by the administrative officer, shall
				  reflect the determination and recommendations of the panel, and shall be
				  subject to the approval of and signature by the panel chairperson on behalf of
				  the panel. Copies of the report shall be forwarded to the director of the
				  Division of Professional Licensing Services and to the applicant.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.7 - Appeal

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant or the director of the Office of Professional
					 Discipline may appeal the determination of the panel relating to the
					 applicant's qualifications to practice a licensed profession based upon his or
					 her prior disciplinary history by filing a written notice of appeal therefrom
					 with the Committee on the Professions within 30 days after service of the
					 report of the panel upon the party taking the appeal. In the event no appeal is
					 taken from the determination of the panel, the determination of the panel shall
					 be final. In the event either party appeals from the determination of the
					 panel, the appellant may submit a brief to the Committee on the Professions and
					 the opposing party within 30 days after filing the notice of appeal. An
					 answering brief may be filed by the opposing party with the Committee on the
					 Professions within 20 days after the receipt by the opposing party of the brief
					 submitted by the appellant. The Committee on the Professions may affirm,
					 reverse or modify the determination of the panel and/or make such other
					 determination as it may deem just and proper under the circumstances. The
					 determination of the Committee on the Professions shall be final and copies
					 thereof shall be forwarded to the applicant and to the director of the Office
					 of Professional Discipline.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.8 - Reapplication

Current through Register Vol. 46, No. 28, July 10, 2024
Whether or not the applicant appeals from the determination
					 of the panel, the applicant may reapply for licensure, endorsement, or permit
					 to the director of the Division of Professional Licensing Services after the
					 expiration of 18 months from the date of service of the report of the
					 panel.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 28 - Proceedings To Determine Good Moral Character And To Evaluate Prior Disciplinary History For Authorization To Practice The Licensed Professions › Subpart 28-2 - Evaluation Of Prior Disciplinary History For Authorization To Practice The Licensed Professions › Section 28-2.9 - Proficiency examination

Current through Register Vol. 46, No. 28, July 10, 2024
If the Committee on the Professions determines that the
					 applicant is otherwise qualified to practice a licensed profession based upon
					 his or her prior disciplinary history, but has failed to remain current with
					 developments in the profession, and a substantial question is presented as to
					 the applicant's current fitness to enter into the active practice of the
					 profession, the Committee on the Professions may require that the applicant
					 take and obtain satisfactory grades on a proficiency examination satisfactory
					 to the department prior to the issuance of a license, endorsement, or limited
					 permit.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.4 - Special provisions for the profession of medicine

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unprofessional conduct in the practice of
				medicine shall include all conduct prohibited by sections
				29.1 and
				29.2 
				of this Part except as provided in this section, and shall also include the
				following:
(1) knowingly or willfully
				performing a complete or partial autopsy on a deceased person without lawful
				authority;
(2) failing to comply
				with a signed agreement to practice medicine in New York State in an area
				designated by the Commissioner of Education as having a shortage of physicians
				or refusing to repay medical education costs in lieu of such required service,
				or failing to comply with any provision of a written agreement with the State
				or any municipality within which the licensee has agreed to provide medical
				service, or refusing to repay funds in lieu of such service as consideration of
				awards made by the State or any municipality thereof for his or her
				professional education in medicine, or failing to comply with any agreement
				entered into to aid his or her medical education;
(3) a physician who prescribes or dispenses
				lenses or frames for the correction of vision shall be subject to the
				provisions of sections
				29.8
				and
				29.9 
				of this Part relating to unprofessional conduct in optometry and/or ophthalmic
				dispensing;
(4) in the conduct of
				psychological research, failing to undertake reasonable efforts to remove the
				possible harmful aftereffects of emotional stress as soon as the design of the
				research permits, or failing to inform prospective research subjects or their
				authorized representatives fully of the danger of serious aftereffects, if such
				danger exists, before they are utilized as research subjects;
(5) in the interpretation of the provisions
				of section
				29.1(b)(5) 
				of this Part and in the treatment of sexual dysfunction as well as in other
				areas of the practice of psychiatry:
(i)
				immoral conduct shall include any physical contact of a sexual nature between
				physician and patient; but immoral conduct shall not include the use of films
				and/or other audiovisual aids with individuals or groups in the development of
				appropriate responses to overcome sexual dysfunction;
(ii) in therapy groups, immoral conduct shall
				include activities which promote explicit physical sexual contact between group
				members during sessions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 29 - Unprofessional Conduct › Section 29.5 - Special provisions for the professions of dentistry and dental hygiene

Current through Register Vol. 46, No. 28, July 10, 2024
Unprofessional conduct in the practice of dentistry and
				  dental hygiene shall include all conduct prohibited by sections
				  29.1 and
				  29.2 
				  of this Part except as provided in this section, and shall also include the
				  following:
(a) Failing to comply with
				a signed agreement to practice dentistry in New York State in an area
				designated by the Commissioner of Education as having a shortage of dentists or
				refusing to repay dental education costs in lieu of such required service, or
				failing to comply with any provision of a written agreement with the State or
				any municipality within which the licensee has agreed to provide dental
				service, or refusing to repay funds in lieu of such service as consideration of
				awards made by the State or any municipality thereof for his or her
				professional education in dentistry, or failing to comply with any agreement
				entered into to aid his or her dental education.
(b) Claiming professional superiority or
				special professional abilities, attainments, methods or resources, except that
				a practitioner who has completed a program of specialty training approved by
				the Board of Regents in a specialty recognized as such by the Board of Regents,
				or who can demonstrate to the satisfaction of the department the completion of
				the substantial equivalent of such a program, may advertise or otherwise
				indicate the specialty. A practitioner who has completed all of the
				requirements for specialty qualification except an examination may advertise or
				otherwise indicate the additional training which has been acquired. The phrase
				practice limited to shall be deemed a claim of special professional abilities,
				and may be used only by dentists who have completed specialty training
				satisfactory to the department or dentists who have restricted their practice
				to a dental specialty prior to January 1, 1979. This subdivision shall apply in
				addition to section
				29.1(b)(12)(i)(f) 
				of this Part.