S T A T E   O F   N E W   Y O R K
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                                  6737

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 11, 2009
                               ___________

Introduced  by  M.  of  A.  CARROZZA,  CLARK,  PHEFFER  -- 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:

  Section 1. The education law is amended by adding a new section 6511-a
to read as follows:
  S 6511-A. PENALTIES  FOR  PROFESSIONAL  MISCONDUCT  INVOLVING  SUPPORT
PROCEEDINGS.  THE PROVISIONS OF THIS SECTION SHALL APPLY IN ALL CASES OF
LICENSEES WHO HAVE FAILED, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY
WITH  A  SUMMONS,  SUBPOENA  OR WARRANT RELATING TO A PATERNITY OR CHILD
SUPPORT PROCEEDING OR IS IN ARREARS  IN  PAYMENT  OF  CHILD  SUPPORT  OR
COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE DEPARTMENT BY A COURT
PURSUANT  TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF THE
DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
  (1)  UPON RECEIPT OF AN ORDER FROM THE COURT PURSUANT TO  ONE  OF  THE
FOREGOING PROVISIONS OF LAW BASED ON ARREARS IN PAYMENT OF CHILD SUPPORT
OR  COMBINED CHILD AND SPOUSAL SUPPORT, THE DEPARTMENT, IF IT FINDS SUCH
PERSON TO BE SO LICENSED, SHALL WITHIN THIRTY DAYS OF  RECEIPT  OF  SUCH
ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OF, AND INITIATE, A
HEARING  WHICH SHALL BE HELD BY IT AT LEAST TWENTY DAYS AND NO MORE THAN
THIRTY DAYS AFTER THE SENDING OF SUCH NOTICE TO THE LICENSEE.  THE HEAR-
ING SHALL BE HELD SOLELY FOR THE PURPOSE OF  DETERMINING  WHETHER  THERE
EXISTS  AS  OF  THE  DATE  OF THE HEARING PROOF THAT FULL PAYMENT OF ALL
ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE  FROM
THE LICENSEE HAVE BEEN PAID.  PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED
CHECK  SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED BY
THE COURT, OR THE SUPPORT COLLECTION UNIT WHERE THE ORDER IS PAYABLE  TO
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.
                                                           LBD10253-01-9
              

A. 6737                             2

SERVICES DISTRICT.  SUCH NOTICE SHALL STATE THAT  FULL  PAYMENT  OF  ALL
ARREARS  OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE
BEEN PAID.  THE LICENSEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT SUCH
PROOF  OF PAYMENT FROM THE COURT OR SUPPORT COLLECTION UNIT AT THE HEAR-
ING IN PERSON OR BY COUNSEL.  THE ONLY ISSUE TO  BE  DETERMINED  BY  THE
DEPARTMENT  AS  A RESULT OF THE HEARING IS WHETHER THE ARREARS HAVE BEEN
PAID.  NO EVIDENCE WITH RESPECT TO  THE  APPROPRIATENESS  OF  THE  COURT
ORDER  OR ABILITY OF THE RESPONDENT PARTY IN ARREARS TO COMPLY WITH SUCH
ORDER SHALL BE RECEIVED OR CONSIDERED BY THE DEPARTMENT.
  (2) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
WITH A SUMMONS, SUBPOENA, OR WARRANT RELATING TO A  PATERNITY  OR  CHILD
SUPPORT  PROCEEDING,  THE  DEPARTMENT,  IF IT FINDS SUCH PERSON TO BE SO
LICENSED, SHALL WITHIN THIRTY DAYS OF RECEIPT OF  SUCH  ORDER  FROM  THE
COURT,  PROVIDE  NOTICE TO THE LICENSEE THAT HIS OR HER LICENSE SHALL BE
SUSPENDED WITHIN SIXTY DAYS UNLESS THE CONDITIONS IN SUBDIVISION FOUR OF
THIS SECTION ARE MET.
  (3)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR  OF
ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, THE LICENSE OF A LICENSEE
SHALL BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY SUBDIVISION ONE OF
THIS SECTION, THE LICENSEE    FAILS  TO  PRESENT  PROOF  OF  PAYMENT  AS
REQUIRED  BY  SUCH  SUBDIVISION.    SUCH  SUSPENSION SHALL NOT BE LIFTED
UNLESS THE COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE  COURT  ORDER
IS  PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE
SOCIAL SERVICES DISTRICT, ISSUES NOTICE  TO  THE  DEPARTMENT  THAT  FULL
PAYMENT  OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT
TO BE DUE HAVE BEEN PAID.
  (4)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR  OF
ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, THE LICENSE OF A LICENSEE
SHALL BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION  TWO
OF  THIS  SECTION  UNLESS  THE  COURT  TERMINATES  ITS ORDER TO COMMENCE
SUSPENSION PROCEEDINGS.  SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS  THE
COURT  ISSUES  AN  ORDER  TO  THE  DEPARTMENT  TERMINATING  ITS ORDER TO
COMMENCE SUSPENSION PROCEEDINGS.
  (5)  THE DEPARTMENT SHALL INFORM THE COURT OF ALL ACTIONS TAKEN  HERE-
UNDER AS REQUIRED BY LAW.
  THIS  SECTION  APPLIES  TO  PATERNITY  AND  CHILD  SUPPORT PROCEEDINGS
COMMENCED UNDER, AND SUPPORT OBLIGATIONS PAID PURSUANT TO ANY  ORDER  OF
CHILD  SUPPORT  OR  CHILD AND SPOUSAL SUPPORT ISSUED UNDER PROVISIONS OF
SECTION TWO HUNDRED THIRTY-SIX OR TWO  HUNDRED  FORTY  OF  THE  DOMESTIC
RELATIONS  LAW,  OR  ARTICLE  FOUR, FIVE, FIVE-A OR FIVE-B OF THE FAMILY
COURT ACT.
  (6)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR  OF
ANY  OTHER  PROVISION  OF  LAW  TO  THE CONTRARY, THE PROVISIONS OF THIS
SECTION SHALL APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS  OF  THIS
ARTICLE  AND  TO  THE  EXCLUSION  OF ANY OTHER REQUIREMENT OF LAW TO THE
CONTRARY.
  (7) IN THE EVENT THAT THE DEPARTMENT SHALL REVOKE OR SUSPEND ANY  SUCH
LICENSE,  OR  IMPOSE  ANY  FINE  OR REPRIMAND ON THE HOLDER THEREOF, ITS
DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED. THE ORIGINAL OF
SUCH DETERMINATION, WHEN SO SIGNED, SHALL BE FILED IN THE OFFICE OF  THE
DEPARTMENT  AND  COPIES  THEREOF SHALL BE SERVED PERSONALLY OR BY REGIS-
TERED MAIL UPON THE LICENSEE ADDRESSED TO THE PRINCIPAL PLACE  OF  BUSI-
NESS OF SUCH LICENSEE, AND TO THE COMPLAINANT.
  S 2. This act shall take effect immediately.