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 31.4 - Civil penalties and restitution
Universal Citation: 8 NY Comp Codes Rules and Regs ยง 31.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Civil penalties. Whenever the department concludes that civil penalties may be warranted, it may seek to impose a civil penalty of up to $5,000 for each violation.
(1) Factors to be considered in
determining whether to impose a civil penalty may include, but need not be
limited to:
(i) the nature of the violation
and of any injury resulting therefrom;
(ii) the degree of danger to the public
caused by the unauthorized conduct;
(iii) whether the unauthorized conduct was
inadvertent, or was committed with knowledge that the conduct was
unauthorized;
(iv) the duration and
frequency of the unauthorized conduct;
(v) any past history or findings of
unauthorized practice by the respondent; and
(vi) respondent's failure to comply with any
cease and desist order previously issued.
(2) In the event that respondent violates a
cease and desist order during the course of a hearing or appeal, the department
may deem such violation to constitute sufficient cause upon which to seek a
civil penalty under this section.
(b) Restitution. Respondent may be ordered to make restitution to any person who has an interest in any money or property, either real or personal, acquired by the respondent as a result of the unauthorized practice of a profession or the unauthorized use of a professional title.
(1) Factors the department may
consider in determining whether to order restitution include, but need not be
limited to:
(i) the nature of the violation
and of any injury resulting therefrom;
(ii) the degree of danger to the public
caused by the unauthorized conduct;
(iii) whether the unauthorized conduct was
inadvertent or was committed with knowledge that the conduct was
unauthorized;
(iv) the duration and
frequency of the unauthorized conduct;
(v) any past history or findings of
unauthorized practice by respondent;
(vi) respondent's failure to comply with any
cease and desist order previously issued; and
(vii) whether the loss suffered by the
claimant is sufficiently identifiable and quantifiable to enable an order of
restitution to be made.
(2) Claim for restitution. Any person who
seeks to make a claim for restitution based upon respondent's unauthorized
practice or unauthorized use of a professional title shall submit a written
claim for restitution to the department, on a form prescribed by the
commissioner. The claim for restitution shall describe, with particularity, the
circumstances of the alleged unauthorized practice and/or unauthorized use of a
professional title, and shall describe the specific money or property, either
real or personal, acquired by the respondent for which the claimant seeks
restitution.
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