Provides for the suspension of a professional license issued under the education law where a licensee is in arrears in payment of child or spousal support.
STATE OF NEW YORK
________________________________________________________________________
6368
2023-2024 Regular Sessions
IN ASSEMBLY
April 5, 2023
___________
Introduced by M. of A. WEPRIN -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation to suspension of profes-
sional licenses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new section 6511-a
2 to read as follows:
3 § 6511-a. Penalties for professional misconduct involving support
4 proceedings. The provisions of this section shall apply in all cases of
5 licensees who have failed, after receiving appropriate notice, to comply
6 with a summons, subpoena or warrant relating to a paternity or child
7 support proceeding or is in arrears in payment of child support or
8 combined child and spousal support referred to the department by a court
9 pursuant to the requirements of section two hundred forty-four-c of the
10 domestic relations law or pursuant to section four hundred fifty-eight-b
11 or five hundred forty-eight-b of the family court act.
12 (1) Upon receipt of an order from the court pursuant to one of the
13 foregoing provisions of law based on arrears in payment of child support
14 or combined child and spousal support, the department, if it finds such
15 person to be so licensed, shall within thirty days of receipt of such
16 order from the court, provide notice to the licensee of, and initiate, a
17 hearing which shall be held by it at least twenty days and no more than
18 thirty days after the sending of such notice to the licensee. The hear-
19 ing shall be held solely for the purpose of determining whether there
20 exists as of the date of the hearing proof that full payment of all
21 arrears of support established by the order of the court to be due from
22 the licensee have been paid. Proof of such payment shall be a certified
23 check showing full payment of established arrears or a notice issued by
24 the court, or the support collection unit where the order is payable to
25 the support collection unit designated by the appropriate social
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10423-01-3
A. 6368 2
1 services district. Such notice shall state that full payment of all
2 arrears of support established by the order of the court to be due have
3 been paid. The licensee shall be given full opportunity to present such
4 proof of payment from the court or support collection unit at the hear-
5 ing in person or by counsel. The only issue to be determined by the
6 department as a result of the hearing is whether the arrears have been
7 paid. No evidence with respect to the appropriateness of the court
8 order or ability of the respondent party in arrears to comply with such
9 order shall be received or considered by the department.
10 (2) Upon receipt of an order from the court based on failure to comply
11 with a summons, subpoena, or warrant relating to a paternity or child
12 support proceeding, the department, if it finds such person to be so
13 licensed, shall within thirty days of receipt of such order from the
14 court, provide notice to the licensee that his or her license shall be
15 suspended within sixty days unless the conditions in subdivision four of
16 this section are met.
17 (3) Notwithstanding any inconsistent provision of this article or of
18 any other provision of law to the contrary, the license of a licensee
19 shall be suspended if at the hearing, provided for by subdivision one of
20 this section, the licensee fails to present proof of payment as
21 required by such subdivision. Such suspension shall not be lifted
22 unless the court or the support collection unit, where the court order
23 is payable to the support collection unit designated by the appropriate
24 social services district, issues notice to the department that full
25 payment of all arrears of support established by the order of the court
26 to be due have been paid.
27 (4) Notwithstanding any inconsistent provision of this article or of
28 any other provision of law to the contrary, the license of a licensee
29 shall be suspended in accordance with the provisions of subdivision two
30 of this section unless the court terminates its order to commence
31 suspension proceedings. Such suspension shall not be lifted unless the
32 court issues an order to the department terminating its order to
33 commence suspension proceedings.
34 (5) The department shall inform the court of all actions taken here-
35 under as required by law.
36 This section applies to paternity and child support proceedings
37 commenced under, and support obligations paid pursuant to any order of
38 child support or child and spousal support issued under provisions of
39 section two hundred thirty-six or two hundred forty of the domestic
40 relations law, or article four, five, five-A or five-B of the family
41 court act.
42 (6) Notwithstanding any inconsistent provision of this article or of
43 any other provision of law to the contrary, the provisions of this
44 section shall apply to the exclusion of any other requirements of this
45 article and to the exclusion of any other requirement of law to the
46 contrary.
47 (7) In the event that the department shall revoke or suspend any such
48 license, or impose any fine or reprimand on the holder thereof, its
49 determination shall be in writing and officially signed. The original of
50 such determination, when so signed, shall be filed in the office of the
51 department and copies thereof shall be served personally or by regis-
52 tered mail upon the licensee addressed to the principal place of busi-
53 ness of such licensee, and to the complainant.
54 § 2. This act shall take effect immediately.
