Meeting of the Board of Regents | November 2008
THE STATE EDUCATION DEPARTMENT / THE UNIVERSITY OF THE STATE OF NEW YORK / ALBANY, NY 12234
Proposed Amendment to the Rules of the Board of Regents Relating to Applications for the Restoration of a Professional License
November 5, 2008
Issue for Decision (Consent Agenda)
Should the Regents amend section 24.7 of the Rules of the Board of Regents relating to applications for the restoration of a professional license?
Reason(s) for Consideration
Review of Policy.
The proposed amendment is before the Professional Practice Committee for action at the November 2008 Regents Meeting.
A conceptual discussion concerning the proposed amendment was presented at the June 2008 Regents Meeting and the amendment was formally discussed at the September 2008 Regents Meeting. A Notice of Proposed Rule Making was published in the State Register on September 3, 2008. Supporting materials for the proposed amendment are available upon request from the Secretary to the Board of Regents.
A former licensee whose license has been revoked or surrendered for disciplinary reasons has a right to apply for the restoration of his or her license. Once applications are deemed complete, they are reviewed by the Division of Investigations, and, following that review, a hearing is held before a three-member panel of board members (Peer Panel) of the relevant profession. The panel forwards a report and recommendation for consideration by the Committee on the Professions (COP). The COP meets with the applicant and submits a report and recommendation to the Board of Regents. The Board then makes the final determination on the application.
In accordance with section 24.7(a)(2)(i) of the Rules of the Board of Regents, an applicant is allowed to submit “materials … in response to the Committee on the Professions’ recommendation to the Board of Regents”. Although the rule is not specific about the nature of the materials that may be submitted, a practice evolved that enabled petitioners to submit written statements agreeing or disagreeing with the COP recommendation based on evidence which had previously been submitted. Those submissions have been considered by the COP in making a final recommendation and by the Board of Regents in making its determination on the restoration application.
More recently, however, applicants have submitted evidentiary materials in their response, such as newly prepared psychological reports, additional references, and newly obtained continuing education credits. Such evidence has not been subject to the investigation process, to cross-examination in the Peer Panel hearing, or to questioning by the COP. Such investigation, cross-examination, and questioning are necessary to establish the authenticity, validity, and context of the evidence being presented.
In order to provide a more orderly and effective review of evidentiary information submitted in support of a restoration application, the proposed amendment to the Rules of the Board of Regents specifies that an applicant may submit a response to the COP’s report, provided that the response does not contain any new evidentiary material. This allows an applicant to submit a written statement agreeing or disagreeing with the recommendation of the COP or addressing perceived factual errors in the COP report provided that the statement is based on evidence which had already been considered prior to the submission of the COP’s recommendation to the Board of Regents. Prohibiting the introduction of new evidence when the case is going to the Board of Regents will lead to a more orderly process in which evidence is subject to review at a meeting at which the applicant may be questioned about the information.
I recommend that the Board of Regents take the following action:
VOTED: That subparagraph (i) of paragraph (2) of subdivision (a) of section 24.7 of the Rules of the Board of Regents be amended, as submitted, effective December 11, 2008.
Timetable for Implementation
The proposed amendment will become effective December 11, 2008.
Pursuant to sections 207, 6506, and 6511 of the Education Law.
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] Anapplicant may submit a response to the Committee on the Professions' recommendation to the Board of Regents, provided that such response shall 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.