Current through Register Vol. 46, No. 52, December 24, 2024
(a) Disciplinary action against schools. In
determining the penalty to be imposed upon a finding that disciplinary action
against a school is warranted, in accordance with the provisions of Education
Law, section 5003, the commissioner shall take into account the effect of the
conduct which formed the basis for the disciplinary proceeding upon the
students attending the school, the general public and any other affected
individual or group. Prior to initiating action against schools during the
initial two-year licensing period, the commissioner shall take into
consideration the factors set forth in section
5003
(1)(d) of the Education Law.
(b) Disciplinary actions against private
school agents.
(1) The commissioner, after
affording a certified private school agent notice and an opportunity to be
heard, may fine such agent, or suspend or revoke such agent's certificate at
any time for failure to comply with the requirements of the Education Law or of
this Part or for any other good cause.
(2) Revocation or suspension of a private
school agent's certificate. Where the commissioner seeks to revoke or suspend a
private school agent's certificate, the certificate holder shall be given
reasonable notice of the nature of the proceeding and a statement sufficiently
particular to give notice of the transactions and occurrences involved and the
material elements of each cause of action against the certificate holder. The
certificate holder shall also be given notice of an opportunity for a hearing
in accordance with subparagraph (i) of this paragraph.
(i) If a hearing is requested, the
certificate holder shall be given reasonable notice of the time, place and
nature of the hearing. The certificate holder may appear in person or may be
represented at the hearing by an attorney, may respond and present evidence and
argument on the issues involved, and may cross-examine witnesses. The hearing,
at which a verbatim record shall be taken, shall be held before a hearing
officer designated by the commissioner, who shall have the powers of a
presiding officer in accordance with section 304 of the State Administrative
Procedure Act. The strict rules of evidence shall not apply to such hearings,
but the decision of the hearing officer shall be supported by substantial
evidence in the record. Disposition may be made in any hearing by stipulation,
agreed settlement, consent order, default or other informal method. The
decision of the hearing officer shall be delivered or mailed forthwith to the
certificate holder and to his or her attorney of record.
(ii) If a hearing is not requested, the
commissioner shall issue a determination based upon the evidence submitted in
support of the charges and any additional evidence submitted by the certificate
holder.
(3) Fines. Where
the commissioner seeks to impose a fine on a certified private school agent for
misconduct not warranting a more severe disciplinary penalty, the department
shall serve notice of the charges upon the certificate holder either by
personal service or certified mail. Such notice shall specify the basis for the
charges with sufficient particularity to apprise the certificate holder of the
nature of the incidents or transactions leading to the charges, and shall
contain a statement that unless an answer to the charges is received by the
department within 20 days after personal service of the notice or within 25
days after service by certified mail, the charges will be deemed to be true and
a fine will be imposed. The certificate holder may answer the charges and may
submit evidence in written form, including affidavits, in support of such
answer. If the commissioner finds that the charges of misconduct are supported
by substantial evidence, the commissioner shall impose an appropriate fine and
shall notify the certificate holder of such determination by mail. Failure to
pay such a fine within four months after receipt of such notice shall
constitute good cause for suspension or revocation of a private school agent's
certificate.
(4) Indemnification.
No employer of a private school agent other than a school may indemnify or
otherwise reimburse an agent for fines imposed on the agent pursuant to this
subdivision and Education Law, section 5004(7). If the agent demonstrates, to
the satisfaction of the commissioner, that the action for which the agent was
fined was undertaken because of explicit instructions from the school owner,
director, or other school administrator, the commissioner shall take
appropriate disciplinary action against the school in accordance with Education
Law, section 5003, to require the school to indemnify or reimburse the agent
the amount of the fine and pay to the commissioner an additional fine of an
equal amount.
(c)
Pursuant to section
5001
(9) of the Education Law, any annual
assessment fees submitted by the schools to the department after the due date
shall be subject to an interest penalty. The commissioner shall calculate the
amount of the interest penalty as follows:
(1) For each due date, payments made within
30 days following such due date shall be subject to an interest penalty of one
percent above the prevailing prime rate.
(2) Interest
penalties not paid within 15 days of notification of the amount of the penalty
may be increased in accordance with the method used by the commissioner to
compute the interest penalty in the first instance.