S T A T E   O F   N E W   Y O R K
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                                   483

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by M. of A. CYMBROWITZ, SCARBOROUGH -- Multi-Sponsored by --
  M. of A. LENTOL -- 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.

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

                                                           LBD05017-01-5

A. 483                              2

  A.  NOTICE  TO  THE  STATE  DEPARTMENT OF EDUCATION. THE NEW YORK CITY
DEPARTMENT OF BUILDINGS IS REQUIRED TO PROVIDE  WRITTEN  NOTICE  TO  THE
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.