S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4780--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced by Sens. STAVISKY, KRUEGER -- read twice and ordered printed,
   and  when printed to be committed to the Committee on Higher Education
   -- recommitted to the Committee on Higher Education in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee

 AN ACT to amend the education law, in relation to mandatory reporting of
   certain  convictions, professional misconduct and/or employment termi-
   nation in any jurisdiction; and to amend the criminal  procedure  law,
   in relation to notice to the education department
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6501 of the education law, as  amended  by  chapter
 299 of the laws of 2016, is amended to read as follows:
   §  6501.  Admission to a profession (licensing). 1. Admission to prac-
 tice of a profession in this state is accomplished by  a  license  being
 issued to a qualified applicant by the [education] department. To quali-
 fy  for a license an applicant shall meet the requirements prescribed in
 the article for the particular profession and shall  meet  the  require-
 ments prescribed in section 3-503 of the general obligations law.
   2.  MANDATORY REPORTING OF CONVICTIONS, PROFESSIONAL MISCONDUCT AND/OR
 EMPLOYMENT TERMINATION IN ANY JURISDICTION.
   A. FOR PURPOSES OF THIS SUBDIVISION:
   (1) "EMPLOYMENT TERMINATION" MEANS TERMINATION OF A LICENSEE'S EMPLOY-
 MENT, PRIVILEGES OR CONTRACT, BY OR ON BEHALF OF  A  HOSPITAL,  INSTITU-
 TION, OR EMPLOYER, FOR DETERMINED OR ADMITTED PROFESSIONAL MISCONDUCT AS
 DEFINED  IN  THIS ARTICLE, WHICH IS DIRECTLY RELATED TO THE PROFESSIONAL
 DUTIES FOR WHICH THE LICENSEE WAS LICENSED AND/OR A VOLUNTARY OR  INVOL-
 UNTARY RESIGNATION TO AVOID SUCH TERMINATION.
   (2) "CRIME" MEANS A MISDEMEANOR OR FELONY UNDER:
   (I) NEW YORK STATE LAW;
   (II) FEDERAL LAW; OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07641-02-2
              

 S. 4780--A                          2
 
   (III)  THE  LAW OF ANOTHER JURISDICTION AND WHICH, IF COMMITTED WITHIN
 THIS STATE, WOULD HAVE CONSTITUTED A CRIME UNDER NEW YORK STATE LAW.
   (3)  "CRIMINAL  HISTORY  RECORD"  MEANS A RECORD OF ALL CONVICTIONS OF
 CRIMES AND ANY PENDING CRIMINAL CHARGES MAINTAINED ON AN  INDIVIDUAL  BY
 THE  DIVISION  OF  CRIMINAL  JUSTICE  AND THE FEDERAL BUREAU OF INVESTI-
 GATION.
   (4) "ENTRY OF A JUDGMENT  OF  CONVICTION"  MEANS  THE  DATE  ON  WHICH
 SENTENCE,   INCLUDING  BUT  NOT  LIMITED  TO  IMPRISONMENT,  A  TERM  OF
 PROBATION, OR A FINE, WAS IMPOSED OR, IF NO SUCH SENTENCE  WAS  IMPOSED,
 THE  DATE  THE  JUDGMENT OF CONVICTION WAS ENTERED IN THE COURT IN WHICH
 THE CASE WAS DETERMINED.
   (5) "LICENSEE" SHALL MEAN A PERSON REGISTERED, CERTIFIED, OR  LICENSED
 UNDER THIS TITLE.  HOWEVER, THIS DEFINITION SHALL NOT APPLY TO DISCIPLI-
 NARY  PROCEEDINGS IN RELATION TO THE PROFESSION OF MEDICINE, PHYSICIAN'S
 ASSISTANTS, AND SPECIALIST ASSISTANTS, WHO ARE UNDER THE JURISDICTION OF
 THE OFFICE OF PROFESSIONAL MEDICAL CONDUCT PURSUANT TO THE PROVISIONS OF
 TITLE II-A OF ARTICLE TWO OF THE PUBLIC HEALTH LAW.
   B. (1) ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO  REPORT  TO
 THE  DEPARTMENT  ANY  CONVICTION  OF  A CRIME IN ANY JURISDICTION WITHIN
 THIRTY DAYS AFTER THE ENTRY OF A JUDGMENT OF CONVICTION.
   (2) ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO REPORT TO  THE
 DEPARTMENT ANY DETERMINATION OF PROFESSIONAL MISCONDUCT IN ANY JURISDIC-
 TION  WITHIN  THIRTY  DAYS  AFTER  NOTIFICATION OF SUCH DETERMINATION OF
 PROFESSIONAL MISCONDUCT WAS RECEIVED BY SUCH INDIVIDUAL.
   (3) ALL LICENSEES UNDER THIS TITLE SHALL BE REQUIRED TO REPORT TO  THE
 DEPARTMENT  ANY EMPLOYMENT TERMINATION IN ANY JURISDICTION WITHIN THIRTY
 DAYS AFTER NOTIFICATION OF SUCH TERMINATION WAS RECEIVED BY  SUCH  INDI-
 VIDUAL.
   (4)  THE DEPARTMENT SHALL PROVIDE LICENSEES WITH NOTICE OF THE REPORT-
 ING REQUIREMENTS AND PROCEDURES FOR  THE  REPORTING  DESCRIBED  IN  THIS
 SUBDIVISION BY PROMINENTLY POSTING SAID REQUIREMENTS ON THE DEPARTMENT'S
 WEBSITE  AND INCLUDING INFORMATION REGARDING SAID REQUIREMENTS CONSPICU-
 OUSLY ON THE  APPLICATION  FOR  LICENSURE  FORM  AND  EACH  REGISTRATION
 RENEWAL FORM.
   (5)  FAILURE OF A LICENSEE TO SUBMIT A REPORT TO THE DEPARTMENT WITHIN
 SUCH THIRTY DAY PERIOD MAY BE GROUNDS FOR PROFESSIONAL MISCONDUCT PURSU-
 ANT TO SECTION SIXTY-FIVE HUNDRED OF THIS SUBARTICLE.
   (6) THE REPORTING REQUIREMENTS OF THIS SUBDIVISION SHALL ONLY APPLY TO
 CONVICTIONS, PROFESSIONAL MISCONDUCT AND  EMPLOYMENT  TERMINATIONS  THAT
 OCCUR ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.
   (7)  A  LICENSEE  SHALL  SUBMIT A REPORT TO THE DEPARTMENT PURSUANT TO
 THIS SUBDIVISION ON A FORM PRESCRIBED BY  THE  COMMISSIONER.  SUCH  FORM
 SHALL BE MADE PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE.
   C. ALL REPORTS SUBMITTED PURSUANT TO THIS SUBDIVISION SHALL BE CONSID-
 ERED  PART OF THE INVESTIGATORY FILE AND CONFIDENTIAL PURSUANT TO SUBDI-
 VISION EIGHT OF SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   D. UPON RECEIPT OF A REPORT FROM A LICENSEE THAT THE LICENSEE HAS BEEN
 CONVICTED OF A CRIME, OR IS THE SUBJECT OF A  DETERMINATION  OF  PROFES-
 SIONAL  MISCONDUCT  OR  EMPLOYMENT TERMINATION, THE DEPARTMENT MAY REFER
 THE REPORT TO THE PROFESSIONAL CONDUCT OFFICER FOR AN INVESTIGATION  AND
 POTENTIAL DISCIPLINARY ACTION PURSUANT TO SECTION SIXTY-FIVE HUNDRED TEN
 OF THIS ARTICLE.
   E.  IN THE EVENT THAT A LICENSEE IS CONVICTED OF A CRIME, THE DISTRICT
 ATTORNEY SHALL PROVIDE NOTICE THEREOF TO THE  COMMISSIONER  PURSUANT  TO
 SECTION  440.55  OF THE CRIMINAL PROCEDURE LAW. UPON RECEIPT OF A REPORT
 FROM A DISTRICT ATTORNEY THAT A LICENSEE HAS BEEN CONVICTED OF A  CRIME,
 S. 4780--A                          3
 
 THE  DEPARTMENT MAY REFER THE REPORT TO THE PROFESSIONAL CONDUCT OFFICER
 FOR AN INVESTIGATION  AND  POTENTIAL  DISCIPLINARY  ACTION  PURSUANT  TO
 SECTION SIXTY-FIVE HUNDRED TEN OF THIS ARTICLE.
   F.  UPON  NOTIFICATION  THAT  A LICENSEE HAS BEEN CONVICTED OF A CRIME
 UNDER THIS SECTION, THE DEPARTMENT MAY REQUEST A CRIMINAL HISTORY RECORD
 FROM THE DIVISION OF CRIMINAL JUSTICE  SERVICES,  AND  THE  DIVISION  OF
 CRIMINAL  JUSTICE SERVICES SHALL FORWARD SUCH CRIMINAL HISTORY RECORD TO
 THE DEPARTMENT IN A TIMELY  MANNER.  THE  CONSIDERATION  OF  A  CRIMINAL
 HISTORY  RECORD  BY  THE DEPARTMENT SHALL BE IN A MANNER CONSISTENT WITH
 ARTICLE TWENTY-THREE-A OF THE CORRECTION LAW.
   3. a. Notwithstanding any provision of law to the contrary, any appli-
 cant seeking to qualify for a license pursuant to this title who is  the
 spouse  of  an  active  duty  member  of  the armed forces of the United
 States, national guard or reserves as defined in 10 U.S.C. sections 1209
 and 1211, and such spouse is transferred by the military to  this  state
 shall  be  afforded  an  expedited  review of his or her application for
 licensure. Such application shall be on a form prescribed by the depart-
 ment and shall include an attestation by the applicant of  the  military
 status  of his or her spouse and any other such supporting documentation
 that the department may require. Upon review of  such  application,  the
 department shall issue a license to the applicant if the applicant holds
 a  license  in  good standing in another state and in the opinion of the
 department, the requirements for  licensure  of  such  other  state  are
 substantially  equivalent  to  the  requirements  for  licensure in this
 state.
   b. In addition to the expedited review granted in paragraph a of  this
 subdivision,  an  applicant who provides satisfactory documentation that
 he or she holds a license in  good  standing  from  another  state,  may
 request  the  issuance of a temporary practice permit, which, if granted
 will permit the applicant to work under the supervision of  a  New  York
 state  licensee  in accordance with regulations of the commissioner. The
 department may grant such temporary  practice  permit  when  it  appears
 based  on the application and supporting documentation received that the
 applicant will meet the requirements for licensure in this state because
 he or she holds a license in  good  standing  from  another  state  with
 significantly  comparable licensure requirements to those of this state,
 except the department has not been able to secure direct source  verifi-
 cation  of  the  applicant's  underlying  credentials  (e.g., receipt of
 original transcript, experience  verification).  Such  permit  shall  be
 valid  for  six  months  or  until  ten days after notification that the
 applicant does not meet the qualifications for licensure. An  additional
 six  months  may  be granted upon a determination by the department that
 the applicant is expected to qualify for the full license  upon  receipt
 of  the  remaining direct source verification documents requested by the
 department in such time period and  that  the  delay  in  providing  the
 necessary  documentation  for  full  licensure  was  due  to extenuating
 circumstances which the military spouse could not avoid.
   c. A temporary practice permit issued under paragraph b of this subdi-
 vision shall be subject to the full disciplinary and regulatory authori-
 ty of the board of regents and the department, pursuant to  this  title,
 as  if  such authorization were a professional license issued under this
 article.
   d. The department shall reduce the initial licensure  application  fee
 by  one-half  for  any  application submitted by a military spouse under
 this subdivision.
 S. 4780--A                          4
 
   § 2. Subdivision 5 of section 8004 of the education law, as  added  by
 chapter  635  of the laws of 1991, is amended and a new subdivision 6 is
 added to read as follows:
   5. Be at least eighteen years of age[.]; AND
   6. BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPARTMENT.
   §  3.  Subdivisions  5  and 6 of section 8355 of the education law, as
 added by chapter 798 of the  laws  of  1992,  are  amended  to  read  as
 follows:
   5. Age: be at least twenty-one years of age; [and]
   6. CHARACTER:  BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE DEPART-
 MENT; AND
   7. Fees:  pay  a fee for an initial certificate of one hundred dollars
 to the department; and a fee of fifty dollars for each triennial  regis-
 tration period.
   §  4. Subdivision 6 of section 8705 of the education law is renumbered
 subdivision 7 and a new subdivision 6 is added to read as follows:
   6. CHARACTER: BE OF GOOD MORAL CHARACTER AS DETERMINED BY THE  DEPART-
 MENT; AND
   §  5.  Section  6510  of  the education law is amended by adding a new
 subdivision 10 to read as follows:
   10. SUMMARY SUSPENSION AND PRELIMINARY HEARING.
   A. FOR THE PURPOSES OF THIS SUBDIVISION ONLY:
   (1) "DATE OF SERVICE" MEANS THE DATE ON WHICH THE LICENSEE  OR  REGIS-
 TERED  ENTITY  RECEIVES  A DOCUMENT FROM THE DEPARTMENT BY REGISTERED OR
 CERTIFIED MAIL OR BY PERSONAL SERVICE.
   (2) "DEPARTMENT OFFICER" SHALL MEAN THE  COMMISSIONER  OR  THE  DEPUTY
 COMMISSIONER FOR THE PROFESSIONS, OR THEIR DESIGNEE.
   (3)  "LICENSEE"  AND  "REGISTERED ENTITY" SHALL INCLUDE A PROFESSIONAL
 LICENSE, CERTIFICATE, REGISTRATION, PERMIT OR OTHER AUTHORIZATION OF THE
 LICENSEE OR REGISTERED ENTITY TO PRACTICE PURSUANT TO THIS ARTICLE.
   (4) "DESIGNATED REGENT" SHALL MEAN A MEMBER OF THE  BOARD  OF  REGENTS
 WHO HAS BEEN DESIGNATED BY THE CHANCELLOR OF THE BOARD OF REGENTS.
   B. NOTICE OF SUMMARY SUSPENSION ORDER AND PRELIMINARY HEARING.
   (1)  WHENEVER THE DEPARTMENT OFFICER DETERMINES AFTER AN INVESTIGATION
 AND A RECOMMENDATION BY THE PROFESSIONAL CONDUCT OFFICER THAT BASED UPON
 A DETERMINATION THAT A LICENSEE OR REGISTERED ENTITY IS CAUSING,  ENGAG-
 ING  IN  OR  MAINTAINING A CONDITION OR ACTIVITY WHICH IN THE DEPARTMENT
 OFFICER'S OPINION CONSTITUTES AN IMMINENT DANGER TO THE  HEALTH,  SAFETY
 OR WELFARE OF THE PUBLIC AND THAT IT THEREFORE APPEARS TO BE PREJUDICIAL
 TO  THE INTERESTS OF THE PEOPLE TO DELAY ACTION UNTIL AN OPPORTUNITY FOR
 A HEARING CAN BE PROVIDED IN ACCORDANCE  WITH  THE  PROVISIONS  OF  THIS
 SECTION, THE DEPARTMENT OFFICER, BY WRITTEN NOTICE, MAY ORDER THE LICEN-
 SEE  OR  REGISTERED  ENTITY  TO  DISCONTINUE SUCH DANGEROUS CONDITION OR
 ACTIVITY OR TAKE CERTAIN ACTION IMMEDIATELY AND FOR A PERIOD  OF  NINETY
 DAYS  FROM THE DATE OF SERVICE OF THE ORDER, SUSPENDING SUCH LICENSEE OR
 REGISTERED ENTITY'S PRIVILEGES TO PRACTICE SUCH PROFESSION  PURSUANT  TO
 THIS  TITLE  IN  THE  STATE  OF  NEW  YORK.    NOTWITHSTANDING ANY OTHER
 PROVISION OF LAW TO THE CONTRARY, THE DEPARTMENT SHALL MAKE SUCH SUMMARY
 SUSPENSION ORDER AVAILABLE TO THE  LICENSEE  OR  REGISTERED  ENTITY  AND
 SHALL  INDICATE  SUCH  SUMMARY SUSPENSION ON THE DEPARTMENT'S WEBSITE ON
 THE VERIFICATION OF LICENSES PAGE.
   (2) SERVICE OF THE SUMMARY  SUSPENSION  ORDER  UPON  THE  LICENSEE  OR
 REGISTERED  ENTITY  SHALL  INCLUDE A STATEMENT OF THE CHARGES, INCLUDING
 THE FACTS AND CIRCUMSTANCES THAT ARE  ALLEGED  TO  JUSTIFY  THE  SUMMARY
 SUSPENSION  ORDER  AND  A  NOTICE OF PRELIMINARY HEARING, WHICH SHALL BE
 HELD SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THE  SUMMARY  SUSPEN-
 S. 4780--A                          5
 
 SION  ORDER  SHOULD BE CONTINUED, MODIFIED, OR DISCONTINUED DUE TO IMMI-
 NENT DANGER TO THE HEALTH, SAFETY OR WELFARE OF  THE  PUBLIC  UNTIL  THE
 COMPLETION  OF THE FINAL DISCIPLINARY PROCEEDING PURSUANT TO SUBDIVISION
 THREE OF THIS SECTION OR WHETHER SUCH SUMMARY SUSPENSION ORDER PREVIOUS-
 LY  ISSUED  SHOULD  BE LIFTED IMMEDIATELY. THE SUMMARY SUSPENSION ORDER,
 STATEMENT OF CHARGES AND NOTICE OF PRELIMINARY HEARING SHALL BE SENT  TO
 THE  LICENSEE OR REGISTERED ENTITY BY REGISTERED OR CERTIFIED MAIL OR BE
 PERSONALLY SERVED.
   (3) THE NOTICE OF PRELIMINARY HEARING SHALL SPECIFY THAT  THE  PURPOSE
 OF  THE  HEARING  IS  TO  DETERMINE WHETHER THE SUMMARY SUSPENSION ORDER
 SHOULD BE CONTINUED, MODIFIED, OR DISCONTINUED DUE TO IMMINENT DANGER TO
 THE HEALTH, SAFETY OR WELFARE OF THE PUBLIC UNTIL THE COMPLETION OF  THE
 FINAL DISCIPLINARY PROCEEDING UNDER SUBDIVISION THREE OF THIS SECTION OR
 WHETHER SUCH SUMMARY SUSPENSION ORDER PREVIOUSLY ISSUED SHOULD BE LIFTED
 IMMEDIATELY. THE NOTICE OF PRELIMINARY HEARING SHALL ALSO SET FORTH:
   (I)  THE  TIME  AND  PLACE  OF  THE PRELIMINARY HEARING, WHICH, UNLESS
 OTHERWISE REQUESTED OR CONSENTED TO BY THE LICENSEE OR REGISTERED  ENTI-
 TY,  SHALL  BE  HELD IN THE REGIONAL OFFICE OF THE DEPARTMENT IN CLOSEST
 PROXIMITY TO THE EVENTS ALLEGED IN THE STATEMENT  OF  CHARGES  PROVIDED,
 HOWEVER,  THAT  WHERE IT IS NOT POSSIBLE TO CONDUCT SUCH HEARING IN SUCH
 OFFICE WITHIN THE TIMEFRAME REQUIRED BY THIS SUBDIVISION, THEN: (A) SUCH
 HEARING MAY BE CONDUCTED IN A REGIONAL OFFICE IN CLOSE PROXIMITY TO SUCH
 EVENTS TO THE GREATEST EXTENT PRACTICABLE; OR (B) PARTICIPANTS  WHO  ARE
 UNABLE  TO PHYSICALLY APPEAR AT THE LOCATION IN CLOSEST PROXIMITY IN THE
 TIMEFRAMES REQUIRED MAY PARTICIPATE IN SUCH HEARING VIA  VIDEOCONFERENCE
 TECHNOLOGY  WITH  THE CONSENT OF ALL PARTIES, EXCEPT THAT THE RESPONDENT
 AND/OR HIS OR HER ATTORNEY CANNOT  REFUSE  THE  USE  OF  VIDEOCONFERENCE
 TECHNOLOGY TO HOLD SUCH A HEARING IF VIDEOCONFERENCING IS THE ONLY MEANS
 BY WHICH THE HEARING CAN BE SAFELY HELD DUE TO A DECLARED STATE OF EMER-
 GENCY OR SIMILAR RISK TO THE HEALTH OR SAFETY OF THE PUBLIC;
   (II)  THAT  THE  LICENSEE  OR  REGISTERED  ENTITY  MAY  FILE A WRITTEN
 RESPONSE TO THE STATEMENT OF CHARGES AND ACCOMPANYING EVIDENCE PRIOR  TO
 THE HEARING AND IN RESPONSE TO ANY RECOMMENDATION MADE BY THE DESIGNATED
 REGENT WITHIN SEVEN DAYS OF RECEIVING SUCH CHARGES OR RECOMMENDATION;
   (III)  THAT THE LICENSEE OR REGISTERED ENTITY MAY APPEAR PERSONALLY AT
 THE HEARING AND MAY BE REPRESENTED BY COUNSEL;
   (IV) THAT BOTH PARTIES MAY PRESENT ORAL ARGUMENTS,  BUT  NO  TESTIMONY
 SHALL BE TAKEN, AND NO WITNESSES SHALL BE CALLED;
   (V)  THAT  A  STENOGRAPHIC  RECORD OF THE HEARING SHALL BE MADE AND BE
 MADE PROMPTLY AVAILABLE TO THE LICENSEE  OR  REGISTERED  ENTITY  WITHOUT
 CHARGE; AND
   (VI)  SUCH  OTHER  INFORMATION AS MAY BE CONSIDERED APPROPRIATE BY THE
 DEPARTMENT.
   (4) THE DEPARTMENT OFFICER MAY AT ANY TIME, BEFORE  A  FINAL  DETERMI-
 NATION  IS  MADE  UNDER THIS SUBDIVISION, VACATE SUCH SUMMARY SUSPENSION
 ORDER PURSUANT TO THIS SUBDIVISION  IF  THE  PUBLIC  HEALTH,  SAFETY  OR
 WELFARE  NO  LONGER  IMPERATIVELY  REQUIRES  EMERGENCY  ACTION AGAINST A
 PROFESSIONAL LICENSE, CERTIFICATE, REGISTRATION, PERMIT OR OTHER AUTHOR-
 IZATION OF THE LICENSEE OR REGISTERED  ENTITY  TO  PRACTICE  UNDER  THIS
 TITLE.
   C. ORDER PROCEEDINGS.
   (1)  A PRELIMINARY HEARING SHALL BE SCHEDULED TO COMMENCE NO LESS THAN
 TEN NOR MORE THAN FORTY-FIVE DAYS AFTER  THE  DATE  OF  SERVICE  OF  THE
 NOTICE  OF PRELIMINARY HEARING AND SUMMARY SUSPENSION ORDER, IF ANY, AND
 STATEMENT OF CHARGES, UNLESS ADDITIONAL TIME IS REQUESTED  OR  CONSENTED
 TO  BY THE LICENSEE OR REGISTERED ENTITY.  THE PRELIMINARY HEARING SHALL
 S. 4780--A                          6
 
 BE COMPLETED WITHIN SIXTY DAYS OF THE DATE OF SERVICE OF THE  NOTICE  OF
 HEARING  AND  SUMMARY SUSPENSION ORDER. THE DEPARTMENT SHALL ESTABLISH A
 HEARING SCHEDULE TO ENSURE THAT SUCH PRELIMINARY  HEARING  IS  COMPLETED
 WITHIN THE REQUIRED TIMEFRAMES. THE DESIGNATED REGENT, UPON REQUEST, MAY
 GRANT  A  LIMITED  AND  TIME SPECIFIC ADJOURNMENT TO THE DEPARTMENT THAT
 WOULD EXTEND THE PRELIMINARY HEARING BEYOND THE SIXTY DAYS IF THE DESIG-
 NATED REGENT DETERMINES THAT THE DELAY IS ATTRIBUTABLE TO A CIRCUMSTANCE
 OR OCCURRENCE SUBSTANTIALLY BEYOND THE CONTROL OF THE DEPARTMENT AND  AN
 INJUSTICE WOULD RESULT IF THE ADJOURNMENT WERE NOT GRANTED. THE LICENSEE
 OR  REGISTERED  ENTITY  MAY REQUEST AN ADJOURNMENT AT ANY TIME, AND SUCH
 REQUESTS THAT ARE REASONABLE SHALL BE  GRANTED.  IF  AN  ADJOURNMENT  IS
 GRANTED,  IT  SHALL  EXTEND  THE  INITIAL  NINETY-DAY  PERIOD OF SUMMARY
 SUSPENSION ISSUED PURSUANT TO THIS SUBDIVISION BY  AN  EQUAL  NUMBER  OF
 DAYS.
   (2)  SUCH  PRELIMINARY  HEARING SHALL CONSIST OF ORAL ARGUMENTS ON THE
 CONTINUATION, MODIFICATION OR DISCONTINUANCE OF THE  SUMMARY  SUSPENSION
 ORDER.  SUCH  PRELIMINARY  HEARING  SHALL BE CONDUCTED BY THE DESIGNATED
 REGENT.
   (3) THE DEPARTMENT OFFICER SHALL DESIGNATE AN ADMINISTRATIVE  OFFICER,
 ADMITTED  TO PRACTICE AS AN ATTORNEY IN THE STATE OF NEW YORK, WHO SHALL
 HAVE THE AUTHORITY TO RULE ON ALL MOTIONS, PROCEDURES  AND  OTHER  LEGAL
 OBJECTIONS  AND  SHALL DRAFT A REPORT AT THE DIRECTION OF THE DESIGNATED
 REGENT.  THE ADMINISTRATIVE OFFICER SHALL NOT BE ENTITLED TO A VOTE, AND
 SUCH ADMINISTRATIVE OFFICER'S REPORT SHALL  REFLECT  THE  VIEWS  OF  THE
 DESIGNATED REGENT.
   (4)  THE  EVIDENCE  IN SUPPORT OF THE CHARGES SHALL BE PRESENTED BY AN
 ATTORNEY FOR THE DEPARTMENT.  THE LICENSEE OR  REGISTERED  ENTITY  SHALL
 HAVE  THE  RIGHTS STATED IN THE NOTICE OF HEARING. THE DESIGNATED REGENT
 SHALL NOT BE BOUND BY THE RULES OF EVIDENCE.
   (5) THE DESIGNATED REGENT SHALL REVIEW THE EVIDENCE AND THE ORAL ARGU-
 MENTS AND DETERMINE, WHETHER THE DEPARTMENT HAS SHOWN, BY  A  PREPONDER-
 ANCE  OF THE EVIDENCE, THAT THE PUBLIC HEALTH, SAFETY OR WELFARE IMPERA-
 TIVELY REQUIRES EMERGENCY ACTION  AGAINST  THE  LICENSEE  OR  REGISTERED
 ENTITY  TO  PRACTICE UNDER THIS TITLE AND WHETHER THE SUMMARY SUSPENSION
 ORDER SHOULD BE CONTINUED OR MODIFIED.
   D. FINAL DETERMINATION ON SUMMARY SUSPENSION.
   (1) THE DESIGNATED REGENT SHALL HAVE SEVEN DAYS FROM THE COMPLETION OF
 THE PRELIMINARY HEARING TO ISSUE A WRITTEN RECOMMENDATION AS TO  WHETHER
 A SUMMARY SUSPENSION ORDER CONCERNING SUCH LICENSEE OR REGISTERED ENTITY
 SHALL  BE  CONTINUED OR MODIFIED UNTIL COMPLETION OF THE FINAL DISCIPLI-
 NARY PROCEEDING UNDER SUBDIVISION THREE OF THIS SECTION OR  WHETHER  ANY
 SUCH  SUMMARY  SUSPENSION ORDER PREVIOUSLY IMPOSED SHALL BE LIFTED IMME-
 DIATELY. SUCH DESIGNATED REGENT SHALL PROMPTLY FORWARD SUCH  RECOMMENDA-
 TION  TO  THE FULL BOARD OF REGENTS. A COPY OF SUCH RECOMMENDATION SHALL
 PROMPTLY BE FORWARDED TO THE LICENSEE OR REGISTERED ENTITY, AS THE  CASE
 MAY  BE,  PROVIDING NOTICE OF THE DATE ON WHICH SUCH RECOMMENDATION WILL
 BE CONSIDERED BY THE BOARD OF REGENTS.
   (2) AT ITS NEXT REGULARLY SCHEDULED MEETING, OR AT A SPECIAL  MEETING,
 THE  BOARD  OF  REGENTS SHALL CONSIDER THE TRANSCRIPT OF THE PRELIMINARY
 HEARING AND THE RECOMMENDATION OF THE DESIGNATED REGENT, AS WELL AS  ANY
 RESPONSE FROM THE LICENSEE OR REGISTERED ENTITY, AND MAKE A FINAL DETER-
 MINATION  AS TO WHETHER A SUMMARY SUSPENSION ORDER SHALL BE CONTINUED OR
 MODIFIED UNTIL COMPLETION OF A FINAL DISCIPLINARY PROCEEDING CAN BE HELD
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION  OR  WHETHER  ANY  SUMMARY
 SUSPENSION ORDER PREVIOUSLY IMPOSED SHALL BE LIFTED IMMEDIATELY.
 S. 4780--A                          7
 
   § 6. Subdivision 5 of section 6510 of the education law, as amended by
 chapter 866 of the laws of 1980, is amended to read as follows:
   5.  Court  review procedures.  [The] A SUMMARY SUSPENSION ORDER ISSUED
 BY THE DEPARTMENT OFFICER PURSUANT TO SUBDIVISION TEN  OF  THIS  SECTION
 AND  THE  decisions  of the board of regents may be reviewed pursuant to
 the proceedings under article seventy-eight of the  civil  practice  law
 and  rules.  Such  proceedings  shall be returnable before the appellate
 division of the third judicial department, and such decisions shall  not
 be stayed or enjoined except upon application to such appellate division
 after  notice  to  the department and to the attorney general and upon a
 showing that the petitioner has a substantial likelihood of success.
   § 7. Section 440.55 of the criminal procedure law, as added by chapter
 134 of the laws of 1996, is amended to read as follows:
 § 440.55 Notice to education department where  a  licensed  professional
            has been convicted of a felony OR MISDEMEANOR.
   The  district  attorney shall give written notification to the depart-
 ment of education upon the conviction of a felony OR MISDEMEANOR of  any
 person  holding  a license pursuant to title eight of the education law.
 In addition, the district attorney shall give  written  notification  to
 the department upon the vacatur or reversal of any felony OR MISDEMEANOR
 conviction of any such person.
   § 8. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.