N.Y. Comp. Codes R. & Regs. tit. 8 § 24.7

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

Section 24.7 - Review in other cases

(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(2) petitions for restoration of a professional license which has been revoked or surrendered pursuant to section 6510 or 6510-a of the Education Law or title II-A of article 2 of the Public Health Law.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.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 24.7