reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.6 - Request for a stay of the cease and desist order

Current through Register Vol. 46, No. 28, July 10, 2024
If the respondent desires a stay of the cease and desist
				  order, he or she shall submit a written application to the professional conduct
				  officer, on a form prescribed by the commissioner, stating the facts and the
				  law upon which such stay should be granted.
(a) A request for a stay of a cease and
				desist order shall:
(1) be filed together
				with respondent's request for a hearing on the cease and desist order or, in
				the event that the hearing process is initiated by a notice of hearing served
				in accordance with subdivision (3) of section 6516  of the Education Law, at any time
				prior to the completion of a pending hearing;
(2) clearly state at the top of the first
				page of the document that respondent requests a stay of the cease and desist
				order;
(3) contain an address and
				phone number designated by respondent for receipt of all correspondence and
				notice related to the request for a stay;
(4) contain the name, address, and phone
				number of respondent's attorney, if respondent chooses to be represented by an
				attorney; and
(5) state the factual
				and legal basis upon which a stay should be granted.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.7 - Hearing

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 15 days
				of receipt of the request for a hearing and after consultation with the parties
				to the hearing, the hearing officer shall take action to schedule a date for
				the hearing and notify the parties of such date. If more than one date is
				necessary for completion of a hearing, the hearing officer shall set additional
				hearing dates following consultation with the parties and/or their legal
				representatives and notify the parties of such additional dates.
(b) Adjournments of the hearing dates may be
				granted by the hearing officer for good cause, upon a written request by a
				party.
(c) The parties shall
				exchange evidence and witness lists not less than five days prior to the
				initial hearing date. However, additional evidence and witnesses may be allowed
				at the discretion of the hearing officer.
(d) Evidence in support of the cease and
				desist order shall be presented by an attorney for the department. Respondent
				may appear personally or may be represented by counsel at the
				hearing.
(e) Any post-hearing
				submissions shall be authorized in advance of submission by the hearing
				officer.
(f) The department has the
				burden of proving by a preponderance of the evidence the facts and
				circumstances constituting a violation of section 6512 or 6513  of the Education
				Law.
(g)
Results of the
				hearing.
At the conclusion of the hearing, the hearing officer shall
				issue a written report, which shall include the following:
(1) findings of fact;
(2) a determination on each violation alleged
				in the cease and desist order;
(3)
				a determination as to whether to accept, reject, or modify any of the terms of
				the cease and desist order in whole on in part; and
(4) the civil penalty and/or restitution
				imposed, if any.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 31 - Proceedings Relating To The Unauthorized Practice Of The Professions Or The Unauthorized Use Of A Professional Title › Section 31.8 - Administrative appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notice of
				appeal. Either party may appeal the hearing officer's report to the Regents
				Review Committee by filing a notice of appeal, on a form prescribed by the
				commissioner. The notice of appeal shall include a statement of the issues to
				be considered on appeal, a statement of any errors alleged to have been made by
				the hearing officer, any other supporting papers and an affidavit of service
				attesting that such notice of appeal and any supporting papers were served on
				all other parties to the proceeding by United States Postal Service or other
				delivery service providing proof of delivery to the addresses specified by the
				parties within 20 days of receipt of the hearing officer's report.
(b) Members of the Regents Review Committee.
				The Regents Review Committee shall be comprised of three members, at least one
				of which shall be a Regent.
(c)
				Notification of Regents Review Committee meeting. Respondent has the right to
				appear at the meeting with the Regents Review Committee, or the Regents Review
				Committee may require respondent to appear. The department shall notify
				respondent at least 10 days prior to the meeting of the following:
(1) the time and place of the
				meeting;
(2) respondent's right to
				appear at the meeting;
(3)
				respondent's right to be represented by counsel;
(4) whether or not respondent is required to
				appear at the meeting; and
(5) such
				other information as may be considered appropriate.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 48 - Annual Aggregate Data Reporting by New York State Institutions of Higher Education Related to Reports of Domestic Violence, Dating Violence, Stalking and Sexual Assault › Section 48.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part:
(a) Accused shall mean a person accused of a
				  violation who has not yet entered an institution's judicial or conduct
				  process.
(b) Domestic violence,
				  dating violence, stalking and sexual assault shall be defined by each
				  institution in its code of conduct in a manner consistent with applicable
				  federal definitions.
(c) Incident
				  shall mean an incident of domestic violence, dating violence, stalking or
				  sexual assault, where the reporting individual and/or the accused were subject
				  to the code of conduct at the time of the incident.
(d) Institution shall mean any college or
				  university chartered by the Board of Regents or incorporated by special act of
				  the Legislature and that maintains a campus in New York.
(e) Reporting individual shall encompass the
				  terms victim, survivor, complainant, claimant, witness with victim status, and
				  any other term used by an institution to reference an individual who brings
				  forth a report of a violation.
(f)
				  Respondent shall mean a person accused of a violation who has entered an
				  institution's judicial or conduct process.
(g) Title IX coordinator shall mean the Title
				  IX Coordinator and/or his or her designee or designees.
(h) On campus shall be defined as campus is
				  defined in the Higher Education Act (Clery Act),
				  20
				  U.S.C. §
											1092(f)(6)(A)(ii).
(i) Off campus shall be defined as any
				  location not included in the definition of on campus.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 48 - Annual Aggregate Data Reporting by New York State Institutions of Higher Education Related to Reports of Domestic Violence, Dating Violence, Stalking and Sexual Assault › Section 48.2 - Annual Aggregate Data Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
On or before October 1, 2019, and by October 1 of each
					 subsequent year thereafter, institutions shall report to the Department the
					 following information concerning incidents that were reported during the prior
					 calendar year in a form and manner prescribed by the Commissioner:
(a) the following numbers of incidents
				  reported to the Title IX Coordinator (which shall be established based upon the
				  number of reporting individuals, not by the number of the accused or
				  respondents):
(1) the number of incidents
				  that occurred on campus;
(2) the
				  number of incidents that occurred off campus; and
(3) the total of incidents in paragraphs (1)
				  and (2) of this subdivision;
(i) of those
				  incidents reported in this paragraph:
(a) the
				  number of incidents that the Title IX Coordinator is aware of, that were
				  reported to law enforcement, which shall include, but not be limited to, the
				  State Police;
(b) the number of
				  incidents reported to campus police/campus security/campus public safety;
				  and
(c) the number of incidents
				  that the Title IX Coordinator is aware of, for which the reporting individual
				  requested referral to additional services through the institution, including
				  counseling, mental health, medical or legal services, whether those services
				  were provided oncampus or through outside service providers.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Subpart:
(a) Accredited shall mean holding
					 institutional accreditation from an accreditor recognized by the U.S.
					 Department of Education.
(b)
					 Approved or Approval means the department has granted approval for an
					 institution to operate distance education programs under the terms of the state
					 authorization reciprocity agreement (SARA), pursuant to section 210-c  of the Education Law.
(c) Complaint means a formal complaint
					 received by the department in writing that asserts that an institution has
					 violated the terms and policies of SARA and/or the provisions of this Subpart,
					 are being violated by a person, institution, state, agency or other
					 organization or entity operating under SARA.
(d) Distance education means instruction
					 offered by any means where the student and faculty member are in separate
					 physical locations. It includes, but is not limited to, online, interactive
					 video or correspondence courses or programs. It does not include intrastate
					 distance education activity.
(e)
					 Institution means a post-secondary higher education institution that is
					 authorized by the Regents to confer degrees in New York State.
(f) Legal domicile means the state in which
					 the institution's principal campus holds its institutional accreditation and,
					 if applicable, its federal Office of Postsecondary Education Identifier (OPEID)
					 number.
(g) State authorization
					 reciprocity agreement or SARA means an agreement among member states, districts
					 and U.S. territories that establishes comparable national standards for
					 interstate offering of post-secondary distance-education courses and
					 programs.
(h) SARA policies and
					 standards means the SARA Manual as adopted by National Council of State
					 Authorization Reciprocity Agreements, 3005 Center Green Drive, Suite 130
					 Boulder, Colorado 80301 - Available at the Office of Counsel, New York State
					 Education Department, State Education Building, Room 148, 89 Washington Avenue,
					 Albany, New York, 12234.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.3 - Initial Application for Approval to Operate Under SARA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An institution
					 may apply to the department for approval to operate under SARA on a form and in
					 a timeframe prescribed by the Commissioner, with the required fees as
					 prescribed in section
					 49-1.7  of this
					 Subpart.
(b) All complete
					 applications will be reviewed by the department to determine whether the
					 institution meets the eligibility requirements set forth in this Subpart.
					 Following the department's review of an institution's application for approval,
					 the department shall take one of the following actions:
(1) Approval. The department shall approve
					 all institutions that meet the requirements set forth in this Subpart. The term
					 of approval shall be one year from the date of notification of approval and may
					 be renewed annually thereafter based on a renewal application. An extension of
					 such term may be granted at the discretion of the Commissioner.
(2) Disapproval. The department shall
					 disapprove all institutions that do not meet the requirements set forth in this
					 Subpart. If an institution's application for participation in SARA is
					 disapproved, the department will provide the institution with a written reason
					 for such disapproval. Within 10 days of the date of the written notification of
					 disapproval, the institution may appeal such disapproval to the Commissioner or
					 his/her designee in a manner prescribed by the Commissioner. An institution
					 that has been disapproved may reapply to the department no earlier than 180
					 days from the date of disapproval.
(3) Provisional approval. The department may,
					 at its discretion, provisionally approve institutions for participation in
					 SARA, subject to the specific terms for provisional approval identified in the
					 SARA policies and standards.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.4 - Application for Renewal of Approval to Operate Under SARA

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An institution may apply to the
					 department for renewal of its approval to operate under SARA on a form and in a
					 timeframe prescribed by the Commissioner, with the required fees as prescribed
					 in section
					 49-1.7  of this
					 Subpart no later than 60 days prior to the expiration of its existing term of
					 approval. An extension of the submission period for renewal of approval may be
					 granted at the discretion of the Commissioner.
(b) The department shall review all properly
					 submitted renewal applications, and any other relevant data in the department's
					 possession related to the institution's compliance with the SARA policies and
					 standards. Following such review, the department will make a determination
					 consistent with the options and procedures identified in section
					 49-1.3(b) 
					 of this Subpart. Within 10 days of the date of the written notification of
					 disapproval, the institution may appeal such disapproval to the Commissioner or
					 his/her designee in a manner prescribed by the Commissioner.
(c) An institution that does not apply for
					 renewal before expiration of its approval is no longer approved to operate
					 under SARA.
(d) An institution no
					 longer approved to operate under SARA may reapply to the department no earlier
					 than 180 days from the date of disapproval or non-renewal.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.5 - Loss of Eligibility and Removal

Current through Register Vol. 46, No. 28, July 10, 2024
The department may remove an institution from approval to
						operate under SARA, based on a finding that the institution is no longer
						eligible or is out of compliance with SARA policies and standards. Within 10
						days of the date of the written notification of disapproval, the institution
						may appeal such disapproval to the Commissioner or his/her designee in a manner
						prescribed by the Commissioner. An institution that is removed from eligibility
						during an approval period shall receive no fee refund, except as otherwise
						provided in section
						49-1.7  of this
						Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.6 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
Complaints against New York State institutions operating
						under SARA shall follow the following procedures:
(a) Complaints against a New York State
					 institution shall first be subject to an institution's own procedures for
					 resolving complaints.
(b) If a
					 person bringing a complaint to an institution is not satisfied with the outcome
					 of the institutional process for handling complaints, a complaint (except for
					 complaints about grades or student conduct violations) may be made to the
					 department, on a form prescribed by the Commissioner.
(c) The department shall review and resolve
					 complaints in accordance with the SARA policies and standards.
(d) The department may impose as a penalty,
					 refunds or other corrective action, to resolve complaints.
(e) Nothing in this section precludes the
					 state from simultaneously using its laws of general application, including laws
					 of consumer protection and fraud prevention, to pursue action against an
					 institution that violates those laws.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-1 - Approval of New York State Degree-Granting Institutions to Operate Under a State Authorization Reciprocity Agreement (SARA) › Section 49-1.7 - Fee Schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a) New
					 York State institutions seeking approval to operate under SARA shall be subject
					 to the following annual fees to obtain and/or maintain state participation in
					 SARA:
Institution's total full-time equivalent (FTE)
									 enrollment as shown in the Federal Integrated Postsecondary Education Data
									 System (IPEDS)
Total Annual Fee
Under 2,500 FTE enrollment
$5,000
2,500 - 9,999 FTE enrollment
$7,000
10,000 or more FTE enrollment
$9,000
(b) The annual fees for approval to operate
					 under SARA shall be due upon the submission of an application for initial
					 approval or renewal as prescribed in sections
					 49-1.3
					 and
					 49-1.4 
					 of this Subpart.
(c) If the
					 department determines that an institution's application is disapproved; the
					 institution will be refunded its annual fee, less $2,000, which represents the
					 costs to the department for application review.
(d) In addition to the fees prescribed in (a)
					 of this section, institutions that have been approved by the department to
					 participate in SARA shall be subject to the annual fees required by the SARA
					 policies and standards, which shall be made payable to the National Council for
					 SARA.
(e) The department shall
					 periodically review, and if necessary revise this fee schedule to ensure that
					 it is sufficient to meet the state administrative costs of State participation
					 in SARA.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.1 - Approval of the Department

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
					 institution legally domiciled in a State other than New York State or a United
					 States Territory that seeks to offer any educational credit-bearing
					 post-secondary instruction, courses, or degree programs through distance
					 education to individuals located in New York State shall obtain approval to
					 operate in this State from the department. This includes institutions that are
					 operating in New York State under section
					 3.56 
					 of the Rules of the Board of Regents (permission to operate) that seek to offer
					 distance education programs in this State.
(1)
					 Post-secondary institutions that enrolled individuals located in New York State
					 in its distance education programs on or before of the effective date of this
					 Subpart, shall have six months from the effective date of this Subpart to seek
					 and obtain department approval to continue to operate such programs to
					 individuals located in New York State . An extension of the six-month time
					 period may be granted in limited circumstances, at the discretion of the
					 Commissioner.
(2) All institutions
					 with individuals located in New York State enrolled in its distance education
					 programs on or before the effective date of this Subpart, that have not
					 received department approval by the expiration of the time period in paragraph
					 (1) of this subdivision, must cease enrolling new students, and shall phase-out
					 instruction for students who are currently enrolled in such programs until such
					 students have completed the distance education program in which they are
					 enrolled on the effective date of this section.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Subpart only:
(a) Accredited shall mean holding
					 institutional accreditation from an accreditor recognized by the U.S.
					 Department of Education.
(b)
					 Approved or Approval means approval of an institution to offer its distance
					 education programs to individuals located in New York State.
(c) Complaint means a formal assertion in
					 writing that the terms of approval are being violated by a person, institution,
					 state, agency or other organization or entity operating under this
					 Subpart.
(d) Distance education
					 means credit-bearing post-secondary instruction offered by any means where the
					 student and faculty member are in separate physical locations and the student
					 is not required to report to a specific location for synchronous instruction.
					 It includes, but is not limited to, online, interactive video or correspondence
					 courses or programs. It does not include intrastate distance education
					 activity.
(e) Institution means a
					 degree-granting postsecondary entity legally domiciled in a state other than
					 New York State or a United State Territory.
(f) Interregional Guidelines for the
					 Evaluation of Distance Education means the guidelines developed by the Council
					 of Regional Accrediting Commissions (C-RAC) in February 2011, and any
					 amendments thereto, published by the Middle States Commission on Higher
					 Education, 3624 Market Street, Philadelphia, PA 19104 -Available at the Office
					 of Counsel, New York State Education Department, State Education Building, Room
					 148, 89 Washington Avenue, Albany, New York 12234.
(g) Legal domicile or legally domiciled means
					 the state or United States territory in which the institution's principal
					 campus holds its institutional accreditation and, if applicable, its primary
					 federal Office of Postsecondary Education Identifier (OPEID) number.
(h) Financial responsibility index score
					 means a numeric score calculated by the department for nonpublic institutions
					 of higher education using United States Department of Education methodology as
					 described in federal regulation
					 34 CFR §
												668.172. The financial responsibility index
					 score is calculated at the highest level of ownership.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.4 - Initial Application for Approval to Offer Distance Education

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An institution
					 shall apply to the department for approval to offer distance education on a
					 form and in a timeframe prescribed by the Commissioner, with the required fees
					 as prescribed in section
					 49-2.8  of this
					 Subpart.
(b) All properly submitted
					 applications will be reviewed by the department to determine whether an
					 institution meets the eligibility requirements set forth in this section.
					 Following the department's review of an institution's application for approval,
					 the department shall take one of the following actions:
(1) Approval. The department shall approve
					 all institutions that meet the requirements set forth in this section. The term
					 of approval shall be one year from the date of notification of approval and may
					 be renewed annually thereafter based on a renewal application. An extension of
					 such term may be granted at the discretion of the Commissioner.
(2) Disapproval. The department shall
					 disapprove all institutions that do not meet all of the requirements set forth
					 in this section. If an institution's application to offer distance education in
					 this State is disapproved, the department will provide the institution with a
					 written reason for disapproval. Within 10 days of the date of the written
					 notification of disapproval, the institution may appeal a disapproval to the
					 Commissioner or his/her designee in a manner prescribed by the Commissioner.
An institution that has been disapproved, may reapply to
						the department no earlier than 180 days from the date of
						disapproval.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.5 - Renewal Application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 approved institution that seeks to renew its approval authority shall apply to
					 the department on a form and in a timeframe prescribed by the Commissioner,
					 with the required fees as prescribed in section
					 49-2.8, no later
					 than 60 days prior to the expiration of its existing term of approval. An
					 extension of the submission period for renewal may be granted at the discretion
					 of the Commissioner.
(b) The
					 department shall review all properly submitted renewal applications, and any
					 other relevant data in the department's possession related to the institution's
					 compliance with eligibility requirements and other indicators of good standing.
					 Following such review, the department will make a determination on the renewal
					 application consistent with the options in section
					 49-2.3(b) 
					 of this Subpart. Within 10 days of the date of a written notification of
					 disapproval, the institution may appeal a disapproval to the Commissioner or
					 his/her designee in a manner prescribed by the Commissioner.
(c) An institution that does not apply for
					 renewal before the expiration of its approval period is no longer approved to
					 operate distance education programs in this State.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.6 - Loss of Eligibility and Revocation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department may revoke an
					 institution's approval authority under this Subpart, based on a finding that
					 the institution no longer meets the requirements of this Subpart and/or based
					 on any one or number of complaints received, including but not limited to
					 complaints related to consumer protection, that raise a substantial question as
					 to the institution's ability to offer distance education programs to
					 individuals located in New York State . Within 10 days of the date of the
					 written notification of disapproval, the institution may appeal such
					 disapproval to the Commissioner or his/her designee in a manner prescribed by
					 the Commissioner.
An institution that has had its approval revoked during
						an approval period receives no fee refund, except as otherwise provided for in
						section
						49-2.7  of this
						Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.7 - Complaints

Current through Register Vol. 46, No. 28, July 10, 2024
Complaints relating to an institution that has been
						approved by the department to offer distance education to individuals located
						in New York shall follow the following procedures:
(a) Complaints against an approved
					 institution shall first be subject to institution's own procedures for
					 resolving complaints.
(b) If a
					 person bringing a complaint against an institution is not satisfied with the
					 outcome of the institutional process for handling complaints, a complaint
					 (except for complaints about grades or student conduct violations) may be made
					 to the department, in a form prescribed by the Commissioner.
(c) The Department shall review such
					 complaints and may impose as a penalty, refunds or other corrective action, to
					 resolve complaints.
(d) Nothing in
					 this section precludes the state from simultaneously using its laws of general
					 application, including laws of consumer protection and fraud, to pursue action
					 against an institution that violates those laws.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 49 - Post-Secondary Distance Education › Subpart 49-2 - Approval of Out-of-State Post-Secondary Institutions to Offer Distance Education to Individuals Located in New York State › Section 49-2.8 - Fee Schedule

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Institutions seeking approval from the department to offer distance education
					 to individuals located in New York State under this Subpart shall be subject to
					 the following state fees:
Application Review Fees
Annual Approval Fee
Total Annual Fee
$7,000
$10,000
$17,000
(b) The total annual fee of $17,000 shall be
					 due upon the submission of an application for approval or renewal as required
					 by this Subpart. The annual application review fee is non-refundable. Upon a
					 department determination to disapprove an application, the department will
					 refund the annual approval fee.
(c) The department shall periodically review,
					 and if necessary revise this fee schedule to ensure that it is sufficient to
					 meet the state administrative costs of approval and oversight of out-of-state
					 distance education programs offered pursuant to this Subpart.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 50 - General › Section 50.3 - College proficiency examinations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Examinations will be given in subjects
				  authorized and in a manner prescribed by the commissioner at times and places
				  designated by him.
(b) The fee for
				  each examination will be $25 for each examination carrying one to five semester
				  hours of credit; $30 for each examination carrying 6 to 11 semester hours of
				  credit; $35 for each examination carrying 12 or more semester hours of credit.
				  Examination fees must be paid at the time an application to take an examination
				  is made.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 50 - General › Section 50.4 - Records of nonchartered proprietary institutions authorized to grant degrees

Current through Register Vol. 46, No. 28, July 10, 2024
In the event that a nonchartered proprietary institution
					 authorized by the regents to grant degrees discontinues operation as a
					 degree-granting institution, all records maintained pursuant to this Subchapter
					 shall be transferred to the department or, with the department's approval, to
					 another institution.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 51 - Admission To Professional Study › Section 51.1 - Matriculation reports and qualifying certificates

Current through Register Vol. 46, No. 28, July 10, 2024
Every professional school or college in the State shall
					 submit such reports concerning the qualifications of matriculants as may be
					 prescribed by the commissioner in accordance with the requirements established
					 by statute or by these regulations. Where a qualifying certificate is required,
					 application for such certificate shall be made on the forms and in the manner
					 prescribed by the commissioner.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 51 - Admission To Professional Study › Section 51.2 - Determination of equivalents

Current through Register Vol. 46, No. 28, July 10, 2024
Academic preparation in a foreign country may be accepted
					 for admission to professional study where the candidate has met all specific
					 requirements and, in addition, presents evidence of satisfactory preparation in
					 English. The English requirement may be waived by the commissioner for
					 applicants who have completed or will complete at least one year of instruction
					 given in the English language prior to admission to a professional
					 examination.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 51 - Admission To Professional Study › Section 51.3 - Application for admission

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  applicant for admission to a professional school in this State shall satisfy
				  the preliminary education requirement prescribed by statute or by these
				  regulations.
(b) An applicant for
				  admission to a professional licensing examination shall submit evidence that he
				  satisfied the preliminary education requirement before beginning his
				  professional study, and that such professional study, including experience,
				  satisfied the requirement prescribed by statute or by these
				  regulations.
(c)
(1) An applicant for the indorsement of a
				  license shall submit evidence that he satisfied the preliminary education
				  requirement before beginning his professional study, that such professional
				  study, including experience, satisfied the requirements prescribed by statute
				  or by these regulations, and that the license is the original authority to
				  practice and not an endorsement. The fee for indorsement shall be the same as
				  the fee for license on examination.
(2) An applicant for admission to a
				  professional school in this State, or for admission to a licensing examination
				  or for the indorsement of a license, whose application is based upon credit
				  granted for the completion of courses of study in a country where English is
				  not the language spoken, shall demonstrate his proficiency in English by
				  passing an examination in English given by the department, or by submitting
				  evidence of the completion of a satisfactory course of study in English or in
				  such other manner as the commissioner shall determine.
(3) An applicant for admission to
				  professional practice, who is not a citizen of the United States, shall submit,
				  in such form and manner as the commissioner shall determine, satisfactory
				  evidence that he has fully complied with all Federal and New York State
				  statutes relative to the registration of aliens. No credential for admission to
				  professional study or practice, no credit toward professional study or
				  practice, and no admission to any examination shall be granted said applicant
				  until evidence of such compliance has been accepted. Evidence of such
				  compliance shall likewise be required of every applicant who has applied prior
				  to the enactment of this regulation before further credit or any credential is
				  granted him.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.1 - Registration of postsecondary curricula

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Registration is required for:
(1) every curriculum creditable toward a
				  degree offered by institutions of higher education;
(2) every curriculum leading to licensure in
				  a profession;
(3) every curriculum
				  for which registration is required by statute, the Rules of the Regents, or any
				  other section of these regulations;
(4) every curriculum leading to a certificate
				  or diploma offered by a nonchartered proprietary institution authorized by the
				  Regents to grant degrees, except noncredit curricula approved by another State
				  agency for the purpose of licensure by that agency; and
(5) every curriculum leading to a master's
				  degree in a clinically rich graduate level teacher preparation pilot program as
				  prescribed under section
				  52.21(b)(5) 
				  of this Part.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.2 - Standards for the registration of undergraduate and graduate curricula

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Resources. The
				  institution shall:
(1) possess the financial
				  resources necessary to accomplish its mission and the purposes of each
				  registered curriculum;
(2) provide
				  classrooms, faculty offices, auditoria, laboratories, libraries, audiovisual
				  and computer facilities, clinical facilities, studios, practice rooms, and
				  other instructional resources sufficient in number, design, condition, and
				  accessibility to support the curricular objectives dependent on their
				  use;
(3) provide equipment
				  sufficient in quantity and quality to support instruction, research, and
				  student performance; and
(4)
				  provide libraries that possess and maintain collections sufficient in depth and
				  breadth to support the mission of the institution and each registered
				  curriculum. Libraries shall be administered by professionally trained staff
				  supported by sufficient personnel. Library services and resources shall be
				  available for student and faculty use with sufficient regularity and at
				  appropriate hours to support the mission of the institution and the curricula
				  it offers.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.3 - Professional education programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any educational program that is intended
				  to satisfy the educational requirement for licensure in a profession regulated
				  under Title VIII of the Education Law or that leads to a degree or certificate
				  at the subprofessional or post professional level in a professional area
				  regulated under Title VIII shall have a curriculum that is adequate in breadth
				  and depth to meet the objectives of the program and that is satisfactory to the
				  commissioner. The Department, in its discretion, may modify the educational
				  program requirements set forth in this Title, to the extent authorized by law,
				  including but not limited to supervised field experience, practicums or other
				  such experience requirements if such requirements cannot be successfully
				  completed due to the State of emergency declared by the Governor pursuant to an
				  Executive Order for the COVID-19 crisis.
(b) In reviewing professional education
				  programs the department may consider and use the standards of nationally
				  recognized accrediting organizations in the professions to the extent such
				  standards are satisfactory to the department.
(c) The definitions, standards and procedures
				  contained in sections
				  50.1,
				  52.1
				  and
				  52.2 
				  of this Subchapter shall apply to any educational program, regardless of its
				  setting, that is intended to satisfy the educational requirement for licensure
				  in a profession regulated under Title VIII of the Education Law or that leads
				  to a degree or certificate at the subprofessional or postprofessional level in
				  a professional area regulated under Title VIII. In addition, the standards set
				  forth in this Part for specific professions shall apply to the educational
				  programs for such professions.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.4 - Medicine and osteopathy

Current through Register Vol. 46, No. 28, July 10, 2024
Admission requirements to a college of medicine or
					 osteopathy shall include the following preprofessional education: 60 semester
					 hours of college study including courses in general chemistry, organic
					 chemistry, biology or zoology, and physics.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.5 - Physician's assistants

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Sponsorship. A program for the training of physician's assistants may be
				  offered by institutions of higher education in cooperation with acceptable
				  hospital or clinical facilities, or by accredited teaching hospitals, or by
				  educational medical facilities of the United States government, or by such
				  other institutions that have adequate clinical training facilities.
(b) Duration. A program shall include not
				  less than 40 weeks of supervised clinical training and 32 semester hours or the
				  equivalent of classroom work.
(c)
				  Admissions. Admission requirements shall include successful completion of a
				  four-year course of study in an approved secondary school.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.6 - Law

Current through Register Vol. 46, No. 28, July 10, 2024
The program shall meet the requirements contained in the
					 Rules of the New York Court of Appeals pertaining to legal education and
					 prerequisites to the study of law.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.7 - Podiatry

Current through Register Vol. 46, No. 28, July 10, 2024
Admission requirements to a college of podiatry shall
					 include the following preprofessional education: 60 semester hours of college
					 study including courses in general chemistry, organic chemistry, biology or
					 zoology, and physics.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.8 - Dentistry

Current through Register Vol. 46, No. 28, July 10, 2024
Admission requirements to a college of dentistry shall
					 include the following preprofessional education: 60 semester hours of college
					 study including courses in general chemistry, organic chemistry, biology or
					 zoology, and physics.
New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter II - Regulations of the Commissioner › Subchapter A - Higher and Professional Education › Part 52 - Registration of Curricula › Section 52.10 - Psychology

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to meeting all applicable provisions of this
					 Part, to be registered as a program recognized as leading to licensure which
					 meets the requirements in section
					 72.1 
					 of this Title, it shall be a doctoral degree program which shall require at
					 least three years of full-time study or the equivalent; including seminars,
					 tutorials, or other graduate level coursework representing two years of
					 full-time study or the equivalent. The program shall include coursework in
					 research, ethical and legal standards, individual and cultural diversity,
					 professional values, attitudes and behaviors, communication and interpersonal
					 skills, assessment and diagnosis, intervention, supervision, consultation and
					 interprofessional/interdisciplinary skills . In addition, the program shall
					 include one year of supervised practicum, internship, field experience, or
					 applied research, which is appropriate to the practice of psychology, as such
					 practice is defined in section 7601-a  of the Education
					 Law.