S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2828
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 25, 2019
                                ___________
 
 Introduced  by  M.  of  A.  CYMBROWITZ -- 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,
   § 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.
              

                                                            LBD07360-01-9

 A. 2828                             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  LICENSE
 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.
   § 3. This act shall take effect immediately.