S T A T E   O F   N E W   Y O R K
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                                  7734

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              May 16, 2011
                               ___________

Introduced  by  M.  of  A.  CYMBROWITZ  -- read once and referred to the
  Committee 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:

  Section 1.  Section 6509 of the education law is amended by  adding  a
new subdivision 2-a to read as follows:
  (2-A)  SERIOUS  ABUSE OF THE PROFESSIONAL CERTIFICATION PROGRAM OF THE
CITY OF NEW YORK. WHERE THE EDUCATION LAW MAKES  A  DISTINCTION  BETWEEN
MERE VIOLATIONS OF THE STANDARDS OF NEW YORK CITY'S PROFESSIONAL CERTIF-
ICATION  PROGRAM FOR REGISTERED DESIGN PROFESSIONALS AND A SERIOUS ABUSE
OF SUCH PROGRAM, THE TERM "SERIOUS ABUSE" SHALL MEAN THAT THE REGISTERED
DESIGN PROFESSIONAL HAS:
  (A) KNOWINGLY OR RECKLESSLY CERTIFIED DOCUMENTS THAT  CONTAINED  FALSE
INFORMATION  OR  DOCUMENTS  THAT  WERE NOT IN COMPLIANCE WITH APPLICABLE
LAW; OR
  (B) CERTIFIED TWO APPLICATIONS WITHIN ANY  TWELVE  MONTH  PERIOD  THAT
CONTAINED ERRORS THAT RESULTED IN THE REVOCATION OF AN ASSOCIATED PERMIT
OR  THAT  OTHERWISE DEMONSTRATED A LACK OF KNOWLEDGE OF OR DISREGARD FOR
APPLICABLE LAWS; OR
  (C) CERTIFIED  AN  APPLICATION  OR  CONSTRUCTION  DOCUMENTS  WHILE  ON
PROBATION  AS IMPOSED BY THE BOARD OF REGENTS PURSUANT TO SECTION SIXTY-
FIVE HUNDRED ELEVEN OF THIS SUBPART.
  S 2. Section 6510 of the education law is  amended  by  adding  a  new
subdivision 2-a to read as follows:
  2-A.  SERIOUS  ABUSE  OF THE PROFESSIONAL CERTIFICATION PROGRAM OF THE
CITY OF NEW YORK.
  A. NOTICE TO THE STATE DEPARTMENT OF  EDUCATION.  THE  NEW  YORK  CITY
DEPARTMENT  OF  BUILDINGS  IS  REQUIRED TO PROVIDE WRITTEN NOTICE TO THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09634-01-1
              

A. 7734                             2

DEPARTMENT OF ANY PROFESSIONAL ENGINEER OR REGISTERED ARCHITECT WHO  WAS
THE  SUBJECT  OF  ANY  DISCIPLINARY  PROCEEDING  WHERE THERE HAS BEEN AN
ADVERSE DETERMINATION  OR  SANCTION  BY  THE  DEPARTMENT  INCLUDING  ANY
SETTLEMENT  AGREEMENT  THAT IS REACHED BETWEEN THE PARTIES THAT RESULTED
IN A SANCTION OF SELF-CERTIFICATION  PRIVILEGES  BEING  IMPOSED  BY  THE
DEPARTMENT.  SUCH  NOTICE SHALL BE SENT WITHIN TEN BUSINESS DAYS AFTER A
DETERMINATION IS MADE IN ANY SUCH DISCIPLINARY  PROCEEDING  OR  AFTER  A
SETTLEMENT  OF  SUCH  PROCEEDING HAS BEEN REACHED, AND SHALL INCLUDE THE
NAME, AND BUSINESS FIRM NAME AND ADDRESS OF SUCH LICENSED  PROFESSIONAL,
AS WELL AS ANY SUPPORTING DOCUMENTATION FOR THE SANCTION IMPOSED.
  B.  AUTOMATIC  SUSPENSION FOR SERIOUS ABUSES. WHERE THE DEPARTMENT HAS
RECEIVED WRITTEN NOTICE FROM THE DEPARTMENT OF BUILDINGS OF THE CITY  OF
NEW  YORK,  PURSUANT  TO PARAGRAPH A OF THIS SUBDIVISION, THAT A PROFES-
SIONAL ENGINEER OR REGISTERED ARCHITECT HAS BEEN SANCTIONED OR AGREED TO
SURRENDER HIS OR HER SELF-CERTIFICATION PRIVILEGES FOLLOWING A DISCIPLI-
NARY PROCEEDING, AND WHERE A STATE PROFESSIONAL CONDUCT  OFFICER  DETER-
MINES  THAT  THE  LICENSED  PROFESSIONAL'S  ACTIONS CONSTITUTE A SERIOUS
ABUSE OF THE PROFESSIONAL CERTIFICATION PROGRAM OF THE CITY OF NEW YORK,
AS DEFINED IN SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBPART, THE BOARD
OF REGENTS SHALL IMMEDIATELY SUSPEND THE DESIGN  PROFESSIONAL'S  LICENCE
PENDING  A  HEARING REQUEST. THE LICENSED PROFESSIONAL SHALL BE ENTITLED
TO A PROMPT HEARING TO REVIEW  THE  DETERMINATION  OF  THE  PROFESSIONAL
CONDUCT OFFICER.
  C.  PRIOR  ADJUDICATIONS.  THE  BOARD OF REGENTS SHALL ALSO REVIEW ALL
NOTIFICATIONS RECEIVED FROM THE DEPARTMENT OF BUILDINGS OF THE  CITY  OF
NEW YORK, PURSUANT TO SECTION 28-104.2.1.6 OF THE ADMINISTRATIVE CODE OF
THE  CITY OF NEW YORK, FOR THE FIVE CALENDAR YEARS IMMEDIATELY PRECEDING
THE EFFECTIVE DATE OF THIS SECTION. ANY PROFESSIONAL ENGINEER OR  REGIS-
TERED  ARCHITECT  INCLUDED  IN  SUCH  NOTIFICATION  WHO HAS NOT BEEN THE
SUBJECT OF A STATE PROFESSIONAL MISCONDUCT PROCEEDING PURSUANT  TO  THIS
SECTION SHALL BE REQUIRED TO SUBMIT TO A HEARING PURSUANT TO PARAGRAPH D
OF  THIS  SUBDIVISION IF A STATE PROFESSIONAL CONDUCT OFFICER DETERMINES
THAT THE REGISTERED DESIGN PROFESSIONAL'S ACTIONS CONSTITUTED A  SERIOUS
ABUSE  OF THE PROFESSIONAL CERTIFICATION PROGRAM OF THE CITY OF NEW YORK
AS DEFINED IN SECTION SIXTY-FIVE HUNDRED NINE OF THIS SUBPART.
  D. HEARINGS GENERALLY. IN SUCH CASES AS DESCRIBED IN  PARAGRAPH  C  OF
THIS  SUBDIVISION,  OR  WHERE A LICENSED PROFESSIONAL WHO HAS HAD HIS OR
HER LICENSE SUSPENDED  PURSUANT  TO  PARAGRAPH  B  OF  THIS  SUBDIVISION
REQUESTS  A  HEARING, OR WHERE THE EXISTING RECORD IS INSUFFICIENT FOR A
PROFESSIONAL CONDUCT OFFICER TO MAKE A DETERMINATION  AS  TO  WHETHER  A
SERIOUS  ABUSE  OF  THE PROFESSIONAL CERTIFICATION PROGRAM HAS OCCURRED,
THE DEPARTMENT SHALL CONDUCT AN INVESTIGATION PURSUANT TO PARAGRAPH B OF
SUBDIVISION ONE OF THIS SECTION.
  IF, AFTER AN INVESTIGATION, THE DEPARTMENT  BELIEVES  THAT  A  SERIOUS
ABUSE  OF  THE  PROFESSIONAL  CERTIFICATION PROGRAM OF NEW YORK CITY HAS
OCCURRED, SUCH ACCUSATION SHALL BE INCLUDED IN THE CHARGES PREPARED  FOR
A  DISCIPLINARY PROCEEDING PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF
THIS SECTION. THE DEPARTMENT AND THE BOARD OF REGENTS SHALL THEN  FOLLOW
THE  STANDARD  PROCEDURE FOR A DISCIPLINARY PROCEEDING AS STATED IN THIS
SECTION.
  THE BOARD  OF  REGENTS  SHALL  IMMEDIATELY  SUSPEND  THE  PROFESSIONAL
LICENSE  OF ANY ARCHITECT OR ENGINEER FOUND TO HAVE SERIOUSLY ABUSED THE
PROFESSIONAL CERTIFICATION PROGRAM OF THE CITY OF NEW YORK.
  S 3. This act shall take effect immediately.