11/14/07 N.Y. St. Reg. EDU-32-07-00008-A
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Addition of Part 31 to Title 8 NYCRR.
Statutory authority:
Education Law, sections 207 (not subdivided); 6506(1); 6512(1); 6513(1); and 6516(1), (2), (3), (4), (5), (6) and (7)
Subject:
Civil enforcement proceedings for the unauthorized practice of the professions and the unauthorized use of a professional title.
Purpose:
To implement Education Law, section 6516, as added by chapter 615 of the Laws of 2003, by specifying the requirements and procedures for the submission of complaints, investigations, hearing requests, stay requests, the contents of cease and desist orders; the standards for the imposition of civil penalties and restitution and the procedures for hearings and appeals.
Text or summary was published
in the notice of proposed rule making, I.D. No. EDU-32-07-00008-P, Issue of August 8, 2007.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Anne Marie Koschnick, Legal Assistant, Office of Counsel, Education Department, State Education Bldg., Rm. 148, Albany, NY 12234, (518) 473-8296, e-mail:
legal@mail.nysed.govAssessment of Public Comment
Since publication of a Notice of Proposed Rule Making in the State Register on August 8, 2007, the State Education Department received the following comment on the proposed addition to the Rules of the Board of Regents.
Two letters were received in support of the proposed addition to the Rules of the Board of Regents, specifically in support of the State Education Department's initiative to prosecute the unauthorized practice of a profession and unauthorized use of a professional title.
Section 6516 of the Education Law authorizes the State Education Department to issue cease and desist orders, conduct administrative proceedings, impose civil penalties, and order restitution in cases of the unauthorized practice of a profession or unauthorized use of a professional title. Part 31 of the Rules of the Board of Regents implements the provisions of Section 6516 of the Education Law by specifying the requirements for the submission of complaints, investigations, hearing requests and stay requests; the contents of a cease and desist order; the standards for the imposition of civil penalties and restitution; and the procedures for hearings and appeals.
