S T A T E O F N E W Y O R K
________________________________________________________________________
3999
2019-2020 Regular Sessions
I N A S S E M B L Y
January 31, 2019
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Introduced by M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. CROUCH,
PERRY, RAIA, RIVERA -- 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:
§ 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08389-01-9
A. 3999 2
THE SUPPORT COLLECTION UNIT DESIGNATED BY THE APPROPRIATE SOCIAL
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.
§ 2. This act shall take effect immediately.