EDU-36-08-00005-P Introduction of Evidence by an Applicant Seeking Restoration of His/Her Professional License

9/3/08 N.Y. St. Reg. EDU-36-08-00005-P

NEW YORK STATE REGISTER

VOLUME XXX, ISSUE 36

September 03, 2008

RULE MAKING ACTIVITIES

EDUCATION DEPARTMENT

PROPOSED RULE MAKING

NO HEARING(S) SCHEDULED

 

I.D No. EDU-36-08-00005-P

Introduction of Evidence by an Applicant Seeking Restoration of His/Her Professional License

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed Action:

Amendment of section 24.7 of Title 8 NYCRR.

Statutory authority:

Education Law, sections 207, 6506(1), 6511

Subject:

Introduction of evidence by an applicant seeking restoration of his/her professional license.

Purpose:

To prohibit new evidence from being included in a response to the report and recommendation of the Committee on the Professions.

Text of proposed rule:

Subparagraph (i) of paragraph (2) of subdivision (a) of section 24.7 of the Rules of the Board of Regents is amended, effective December 11, 2008, as follows:

(i) [Materials submitted in] An applicant may submit a response to the Committee on the Professions' recommendation to the Board of Regents, provided that such response does not contain any new evidentiary material. Any response filed under this subparagraph shall be filed no later than 15 days following the postmarked date of the written notification of the decision or recommendation of the Committee on the Professions.

Text of proposed rule and any required statements and analyses may be obtained from:

Lisa Struffolino, State Education Department, Office of Counsel, State Education Building, Room 148, Albany, New York 12234, [phone], email: [e-mail]

Data, views or arguments may be submitted to:

Frank Munoz, Associate Commissioner, State Education Department, Office of Professions, State Education Building, 2nd Floor, West Wing, Albany, New York 12234, [phone], email: [e-mail]

Public comment will be received until:

45 days after publication of this notice.

Regulatory Impact Statement

1. Statutory Authority:

Section 207 of the Education Law grants general rule-making authority to the Board of Regents to carry into effect the laws and policies of the State relating to education.

Subdivision (1) of section 6506 of the Education Law authorizes the Board of Regents to supervise the admission to the practice of the professions and to promulgate rules to carry out such supervision.

Section 6511 of the Education Law grants the Board of Regents the authority to restore a professional license which has been previously revoked.

2. Legislative Objectives:

The proposed amendment carries out the intent of the aforementioned statutes by establishing evidentiary guidelines regarding the evidence presented to the Board of Regents by an applicant for restoration of a professional license.

3. Needs and Benefits:

The purpose of the proposed amendment is to specify that an applicant's response to the report and recommendation made by the Committee on the Professions (COP) may not include new evidentiary material. Evidentiary materials submitted at this stage of the proceeding have not been subject to the authentication processes available in earlier stages of the proceeding. The proposed amendment would provide a more orderly and effective review of evidentiary information submitted in support of a restoration application.

4. Costs:

(a) Costs to State Government: None. By making the restoration process more efficient, the proposed amendment may result in a more expedited and less costly process.

(b) Costs to Local Government: None. This amendment will not impose additional costs on local government.

(c) Costs to Private Regulated Parties: None.

(d) Cost to the regulatory agency: As stated above in Costs to State Government, the proposed amendment does not impose additional costs on the State Education Department and may result in a less costly process.

5. Paperwork:

None.

6. Local Government Mandates:

None. The amendment does not impose any program, service, duty, requirement, or responsibility upon local governments.

7. Duplication:

None. There are no other State or Federal requirements on the subject matter of this amendment. Therefore, the amendment does not duplicate other existing State or Federal requirements.

8. Alternative Approaches:

None. There are no viable alternatives to the proposed amendment, and none were considered.

9. Federal Standards:

None. There are no Federal standards concerning the subject matter of this amendment.

10. Compliance Schedule:

The proposed amendment must be complied with on its effective date. No additional period of time is necessary to enable regulated parties to comply.

Regulatory Flexibility Analysis

The purpose of the proposed amendment is to specify that new evidence may not be included in a response to the report and recommendation of the Committee on the Professions, in order to provide a more orderly and effective review of evidentiary information submitted in support of a restoration application. This amendment will not impose any adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments.

Because it is evident from the nature of the proposed amendment that it will have no adverse economic impact or reporting, recordkeeping or other compliance requirements on small businesses or local governments, no further steps were needed to ascertain that fact and none were taken. Accordingly, a regulatory flexibility analysis is not required and one was not prepared.

Rural Area Flexibility Analysis

The purpose of the proposed amendment is to specify that new evidence may not be included in a response to the report and recommendation of the Committee on the Professions, in order to provide a more orderly and effective review of evidentiary information submitted in support of a restoration application. This amendment clarifies existing procedures and will not impose any adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas.

Because it is evident from the nature of the proposed amendment that it will have no adverse impact on rural areas or reporting, recordkeeping or other compliance requirements on public or private entities in rural areas, no further steps were needed to ascertain that fact and none were taken. Accordingly, a rural area flexibility analysis is not required and one was not prepared.

Job Impact Statement

The purpose of the proposed amendment is to specify that new evidence may not be included in a response to the report and recommendation of the Committee on the Professions, in order to provide a more orderly and effective review of evidentiary information submitted in support of a restoration application. This regulatory change will have no effect on the employment opportunities in the field of the applicant or any other field.

Because it is evident from the nature of the proposed amendment that it will have no impact on jobs and employment opportunities, no further steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one was not prepared.