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 24.7 - Review in other cases
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 24.7
Current through Register Vol. 46, No. 39, September 25, 2024
(a) The Committee on the Professions shall review and submit its recommendation to the Board of Regents for final determinations in the following cases:
(1) applications pursuant to Education Law,
section 6506(5), for the waiver of an education, experience or examination
requirement on the ground that the requirement has been substantially met;
and
(2) petitions for restoration
of a professional license which has been revoked or surrendered pursuant to
section
6510 or 6510-a
of the Education Law or title II-A of article 2 of the Public Health Law. For
individuals served prior to June 20, 1997 with an order of revocation,
acceptance of surrender, or denial of an application for restoration or
reinstatement by vote of the Board of Regents, at least one year shall have
elapsed from the date of such service for the acceptance by the department of a
petition to the Board of Regents for restoration of a license or certificate,
except that a period of time during which the license was suspended during the
pendency of the discipline proceeding may reduce the one-year waiting period.
For individuals served on or after June 20, 1997 with an order of revocation,
acceptance of surrender, or denial of an application for restoration or
reinstatement by vote of the Board of Regents, at least three years shall have
elapsed from the date of such service for the acceptance by the department of a
petition to the Board of Regents for restoration of a license or certificate,
except that a period of time during which the license was suspended during the
pendency of the discipline proceeding may reduce the three- year waiting
period. This section shall not apply to restoration of licenses which have been
temporarily surrendered pursuant to Education Law, section 6510-b, or Public
Health Law, section 230(13).
(i) An applicant
may submit a response to the Committee on the Professions' recommendation to
the Board of Regents, provided that such response shall not contain any new
evidentiary material. Any response filed under this subparagraph shall be filed
no later than 15 days following the postmarked date of the written notification
of the decision or recommendation of the Committee on the
Professions.
(ii) If an applicant
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 Board of Regents 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.
(iii) An
applicant shall pay to the department a fee of $750 at the time he or she
submits an application for the restoration of a professional license, which has
been revoked or surrendered as prescribed in this paragraph.
(b) The Committee on the Professions shall review and determine whether to agree to the following:
(1) a statement upon which an application for
a consent order is based and proposed penalty, pursuant to section
17.5 of this Title; and
(2) a statement upon which an application to
surrender a license is based, pursuant to section
17.6 of this Title.
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