New York Codes, Rules and Regulations › Title 8 - EDUCATION DEPARTMENT › Chapter I - Rules of the Board Of Regents › Part 17 - Disciplinary Proceedings In The Professions › Section 17.5 - Consent orders

Current through Register Vol. 46, No. 28, July 10, 2024
Disciplinary proceedings conducted pursuant to the provisions
				  of title VIII of the Education Law may be disposed of in accordance with the
				  following procedure:
(a) A licensee
				who is under investigation, or against whom charges have been voted, who admits
				guilt to at least one of the acts of misconduct alleged or charged, in full
				satisfaction of all allegations or charges, or who does not contest the
				allegations or charges or who cannot successfully defend against at least one
				of the acts of misconduct alleged or charged, shall notify the director of the
				Office of Professional Discipline or the director's designee.
(b) If the director of the Office of
				Professional Discipline or the director's designee, a designated member of the
				State Board for the applicable profession, and the licensee agree to a
				statement by the licensee admitting guilt to one or more of the allegations or
				charges or setting forth a decision not to contest the allegations or charges
				or stating that the licensee cannot successfully defend against such
				allegations or charges and agreeing to a proposed penalty, and if a designated
				member of the Board of Regents thereafter agrees to such statement and proposed
				penalty, and if the Committee on the Professions thereafter agrees to such
				statement and proposed penalty, a written application, signed by all the above
				except the Committee on the Professions, shall be submitted by the licensee to
				the Board of Regents based upon the statement and proposed penalty consenting
				to the issuance of an order of the Commissioner of Education or his or her
				designee effectuating such penalty. The provisions of this section shall apply
				to licensees subject to disciplinary proceedings conducted pursuant to title
				VIII of the Education Law. They shall be applicable to individuals licensed or
				registered pursuant to article 131 or 131-B of title VIII of the Education Law
				for those cases in which charges of professional misconduct were served on or
				before July 26, 1991, the effective date of chapter 606 of the Laws of 1991.
				They shall also be applicable to licensees and registrants subject to article
				137 of the Education Law. With respect to such licensees subject to article 131
				or 131-B of title VIII of the Education Law, the agreement of the director of
				the Office of Professional Medical Conduct or that officer's designee, and of
				the Commissioner of Health or his or her designee, to the statement and
				proposed penalty and their signatures on the application shall be required in
				lieu of the agreement and signature of the director of the Office of
				Professional Discipline. With respect to such licensees subject to the
				provisions of article 131 or 131-B of title VIII of the Education Law, the term
				State Board as used in this section means the State Board for Professional
				Medical Conduct.
(c) The
				application shall be in such form and shall contain such substance as is
				acceptable to the director of the Office of Professional Discipline or the
				director's designee.
(d) In the
				event an application is not granted by the Board of Regents, nothing contained
				therein shall be binding upon the licensee or construed to be an admission of
				any act of misconduct alleged or charged, and such application shall not be
				used against the licensee in any way. Any such application shall be kept in
				strict confidence during the pendency of the disciplinary proceeding. In
				addition, such denial by the Board of Regents shall be without prejudice to the
				continuance of the disciplinary proceeding and the final determination by the
				Board of Regents pursuant to the provisions of the Education Law.
(e) In the event the Board of Regents grants
				the application, the commissioner or his or her designee shall issue an order
				in accordance therewith.