N.Y. Comp. Codes R. & Regs. tit. 8 § 126.14

Current through Register Vol. 46, No. 45, November 2, 2024

Section 126.14 - Disciplinary actions and penalties

(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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 126.14

Amended New York State Register June 29, 2016/Volume XXXVIII, Issue 26, eff. 6/29/2016