|SAME AS||No same as|
|Amd SS6509 & 6510, Ed L|
|Relates to licensing consequences for architects or engineers who seriously abuse their self-certification privileges.|
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STATE OF NEW YORK ________________________________________________________________________ 1536 2013-2014 Regular Sessions IN ASSEMBLY (Prefiled) January 9, 2013 ___________ Introduced by M. of A. CYMBROWITZ, SCARBOROUGH, CASTRO -- Multi-Spon- sored by -- M. of A. LENTOL -- read once and referred to the Commit- tee on Higher Education AN ACT to amend the education law, in relation to licensing consequences for architects or engineers who seriously abuse their self-certifica- tion privileges The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 6509 of the education law is amended by adding a 2 new subdivision 2-a to read as follows: 3 (2-a) Serious abuse of the professional certification program of the 4 city of New York. Where the education law makes a distinction between 5 mere violations of the standards of New York city's professional certif- 6 ication program for registered design professionals and a serious abuse 7 of such program, the term "serious abuse" shall mean that the registered 8 design professional has: 9 (a) knowingly or recklessly certified documents that contained false 10 information or documents that were not in compliance with applicable 11 law; or 12 (b) certified two applications within any twelve month period that 13 contained errors that resulted in the revocation of an associated permit 14 or that otherwise demonstrated a lack of knowledge of or disregard for 15 applicable laws; or 16 (c) certified an application or construction documents while on 17 probation as imposed by the board of regents pursuant to section sixty- 18 five hundred eleven of this subpart. 19 § 2. Section 6510 of the education law is amended by adding a new 20 subdivision 2-a to read as follows: 21 2-a. Serious abuse of the professional certification program of the 22 city of New York. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06196-01-3A. 1536 2 1 a. Notice to the state department of education. The New York city 2 department of buildings is required to provide written notice to the 3 department of any professional engineer or registered architect who was 4 the subject of any disciplinary proceeding where there has been an 5 adverse determination or sanction by the department including any 6 settlement agreement that is reached between the parties that resulted 7 in a sanction of self-certification privileges being imposed by the 8 department. Such notice shall be sent within ten business days after a 9 determination is made in any such disciplinary proceeding or after a 10 settlement of such proceeding has been reached, and shall include the 11 name, and business firm name and address of such licensed professional, 12 as well as any supporting documentation for the sanction imposed. 13 b. Automatic suspension for serious abuses. Where the department has 14 received written notice from the department of buildings of the city of 15 New York, pursuant to paragraph a of this subdivision, that a profes- 16 sional engineer or registered architect has been sanctioned or agreed to 17 surrender his or her self-certification privileges following a discipli- 18 nary proceeding, and where a state professional conduct officer deter- 19 mines that the licensed professional's actions constitute a serious 20 abuse of the professional certification program of the city of New York, 21 as defined in section sixty-five hundred nine of this subpart, the board 22 of regents shall immediately suspend the design professional's licence 23 pending a hearing request. The licensed professional shall be entitled 24 to a prompt hearing to review the determination of the professional 25 conduct officer. 26 c. Prior adjudications. The board of regents shall also review all 27 notifications received from the department of buildings of the city of 28 New York, pursuant to section 28-126.96.36.199 of the administrative code of 29 the city of New York, for the five calendar years immediately preceding 30 the effective date of this section. Any professional engineer or regis- 31 tered architect included in such notification who has not been the 32 subject of a state professional misconduct proceeding pursuant to this 33 section shall be required to submit to a hearing pursuant to paragraph d 34 of this subdivision if a state professional conduct officer determines 35 that the registered design professional's actions constituted a serious 36 abuse of the professional certification program of the city of New York 37 as defined in section sixty-five hundred nine of this subpart. 38 d. Hearings generally. In such cases as described in paragraph c of 39 this subdivision, or where a licensed professional who has had his or 40 her license suspended pursuant to paragraph b of this subdivision 41 requests a hearing, or where the existing record is insufficient for a 42 professional conduct officer to make a determination as to whether a 43 serious abuse of the professional certification program has occurred, 44 the department shall conduct an investigation pursuant to paragraph b of 45 subdivision one of this section. 46 If, after an investigation, the department believes that a serious 47 abuse of the professional certification program of New York city has 48 occurred, such accusation shall be included in the charges prepared for 49 a disciplinary proceeding pursuant to paragraph c of subdivision one of 50 this section. The department and the board of regents shall then follow 51 the standard procedure for a disciplinary proceeding as stated in this 52 section. 53 The board of regents shall immediately suspend the professional 54 license of any architect or engineer found to have seriously abused the 55 professional certification program of the city of New York. 56 § 3. This act shall take effect immediately.