Bill Text: NY A00905 | 2013-2014 | General Assembly | Introduced

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Bill Title: Provides for suspension of a professional license issued under the education law where a licensee is in arrears in payment of child or spousal support.

Spectrum: Slight Partisan Bill (Democrat 5-2)

Status: (Introduced - Dead) 2014-06-03 - held for consideration in higher education [A00905 Detail]

Download: New_York-2013-A00905-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          905
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. WEPRIN -- Multi-Sponsored by -- M. of A. CLARK,
         CROUCH, MAGEE, RAIA, RIVERA, STEVENSON -- read once  and  referred  to
         the Committee on Higher Education
       AN  ACT to amend the education law, in relation to suspension of profes-
         sional licenses
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new section 6511-a
    2  to read as follows:
    3    S  6511-A.  PENALTIES  FOR  PROFESSIONAL  MISCONDUCT INVOLVING SUPPORT
    4  PROCEEDINGS.  THE PROVISIONS OF THIS SECTION SHALL APPLY IN ALL CASES OF
    5  LICENSEES WHO HAVE FAILED, AFTER RECEIVING APPROPRIATE NOTICE, TO COMPLY
    6  WITH A SUMMONS, SUBPOENA OR WARRANT RELATING TO  A  PATERNITY  OR  CHILD
    7  SUPPORT  PROCEEDING  OR  IS  IN  ARREARS  IN PAYMENT OF CHILD SUPPORT OR
    8  COMBINED CHILD AND SPOUSAL SUPPORT REFERRED TO THE DEPARTMENT BY A COURT
    9  PURSUANT TO THE REQUIREMENTS OF SECTION TWO HUNDRED FORTY-FOUR-C OF  THE
   10  DOMESTIC RELATIONS LAW OR PURSUANT TO SECTION FOUR HUNDRED FIFTY-EIGHT-B
   11  OR FIVE HUNDRED FORTY-EIGHT-B OF THE FAMILY COURT ACT.
   12    (1)    UPON  RECEIPT OF AN ORDER FROM THE COURT PURSUANT TO ONE OF THE
   13  FOREGOING PROVISIONS OF LAW BASED ON ARREARS IN PAYMENT OF CHILD SUPPORT
   14  OR COMBINED CHILD AND SPOUSAL SUPPORT, THE DEPARTMENT, IF IT FINDS  SUCH
   15  PERSON  TO  BE  SO LICENSED, SHALL WITHIN THIRTY DAYS OF RECEIPT OF SUCH
   16  ORDER FROM THE COURT, PROVIDE NOTICE TO THE LICENSEE OF, AND INITIATE, A
   17  HEARING WHICH SHALL BE HELD BY IT AT LEAST TWENTY DAYS AND NO MORE  THAN
   18  THIRTY DAYS AFTER THE SENDING OF SUCH NOTICE TO THE LICENSEE.  THE HEAR-
   19  ING  SHALL  BE  HELD SOLELY FOR THE PURPOSE OF DETERMINING WHETHER THERE
   20  EXISTS AS OF THE DATE OF THE HEARING PROOF  THAT  FULL  PAYMENT  OF  ALL
   21  ARREARS  OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE FROM
   22  THE LICENSEE HAVE BEEN PAID.  PROOF OF SUCH PAYMENT SHALL BE A CERTIFIED
   23  CHECK SHOWING FULL PAYMENT OF ESTABLISHED ARREARS OR A NOTICE ISSUED  BY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02921-01-3
       A. 905                              2
    1  THE  COURT, OR THE SUPPORT COLLECTION UNIT WHERE THE ORDER IS PAYABLE TO
    2  THE  SUPPORT  COLLECTION  UNIT  DESIGNATED  BY  THE  APPROPRIATE  SOCIAL
    3  SERVICES  DISTRICT.    SUCH  NOTICE SHALL STATE THAT FULL PAYMENT OF ALL
    4  ARREARS  OF SUPPORT ESTABLISHED BY THE ORDER OF THE COURT TO BE DUE HAVE
    5  BEEN PAID.  THE LICENSEE SHALL BE GIVEN FULL OPPORTUNITY TO PRESENT SUCH
    6  PROOF OF PAYMENT FROM THE COURT OR SUPPORT COLLECTION UNIT AT THE  HEAR-
    7  ING  IN  PERSON  OR BY COUNSEL.   THE ONLY ISSUE TO BE DETERMINED BY THE
    8  DEPARTMENT AS A RESULT OF THE HEARING IS WHETHER THE ARREARS  HAVE  BEEN
    9  PAID.    NO  EVIDENCE  WITH  RESPECT TO THE APPROPRIATENESS OF THE COURT
   10  ORDER OR ABILITY OF THE RESPONDENT PARTY IN ARREARS TO COMPLY WITH  SUCH
   11  ORDER SHALL BE RECEIVED OR CONSIDERED BY THE DEPARTMENT.
   12    (2) UPON RECEIPT OF AN ORDER FROM THE COURT BASED ON FAILURE TO COMPLY
   13  WITH  A  SUMMONS,  SUBPOENA, OR WARRANT RELATING TO A PATERNITY OR CHILD
   14  SUPPORT PROCEEDING, THE DEPARTMENT, IF IT FINDS SUCH  PERSON  TO  BE  SO
   15  LICENSED,  SHALL  WITHIN  THIRTY  DAYS OF RECEIPT OF SUCH ORDER FROM THE
   16  COURT, PROVIDE NOTICE TO THE LICENSEE THAT HIS OR HER LICENSE  SHALL  BE
   17  SUSPENDED WITHIN SIXTY DAYS UNLESS THE CONDITIONS IN SUBDIVISION FOUR OF
   18  THIS SECTION ARE MET.
   19    (3)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
   20  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE  OF  A  LICENSEE
   21  SHALL BE SUSPENDED IF AT THE HEARING, PROVIDED FOR BY SUBDIVISION ONE OF
   22  THIS  SECTION,  THE  LICENSEE    FAILS  TO  PRESENT  PROOF OF PAYMENT AS
   23  REQUIRED BY SUCH SUBDIVISION.   SUCH  SUSPENSION  SHALL  NOT  BE  LIFTED
   24  UNLESS  THE  COURT OR THE SUPPORT COLLECTION UNIT, WHERE THE COURT ORDER
   25  IS PAYABLE TO THE SUPPORT COLLECTION UNIT DESIGNATED BY THE  APPROPRIATE
   26  SOCIAL  SERVICES  DISTRICT,  ISSUES  NOTICE  TO THE DEPARTMENT THAT FULL
   27  PAYMENT OF ALL ARREARS OF SUPPORT ESTABLISHED BY THE ORDER OF THE  COURT
   28  TO BE DUE HAVE BEEN PAID.
   29    (4)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
   30  ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE LICENSE  OF  A  LICENSEE
   31  SHALL  BE SUSPENDED IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION TWO
   32  OF THIS SECTION UNLESS  THE  COURT  TERMINATES  ITS  ORDER  TO  COMMENCE
   33  SUSPENSION  PROCEEDINGS.  SUCH SUSPENSION SHALL NOT BE LIFTED UNLESS THE
   34  COURT ISSUES AN  ORDER  TO  THE  DEPARTMENT  TERMINATING  ITS  ORDER  TO
   35  COMMENCE SUSPENSION PROCEEDINGS.
   36    (5)   THE DEPARTMENT SHALL INFORM THE COURT OF ALL ACTIONS TAKEN HERE-
   37  UNDER AS REQUIRED BY LAW.
   38    THIS SECTION  APPLIES  TO  PATERNITY  AND  CHILD  SUPPORT  PROCEEDINGS
   39  COMMENCED  UNDER,  AND SUPPORT OBLIGATIONS PAID PURSUANT TO ANY ORDER OF
   40  CHILD SUPPORT OR CHILD AND SPOUSAL SUPPORT ISSUED  UNDER  PROVISIONS  OF
   41  SECTION  TWO  HUNDRED  THIRTY-SIX  OR  TWO HUNDRED FORTY OF THE DOMESTIC
   42  RELATIONS LAW, OR ARTICLE FOUR, FIVE, FIVE-A OR  FIVE-B  OF  THE  FAMILY
   43  COURT ACT.
   44    (6)   NOTWITHSTANDING ANY INCONSISTENT PROVISION OF THIS ARTICLE OR OF
   45  ANY OTHER PROVISION OF LAW TO  THE  CONTRARY,  THE  PROVISIONS  OF  THIS
   46  SECTION  SHALL  APPLY TO THE EXCLUSION OF ANY OTHER REQUIREMENTS OF THIS
   47  ARTICLE AND TO THE EXCLUSION OF ANY OTHER  REQUIREMENT  OF  LAW  TO  THE
   48  CONTRARY.
   49    (7)  IN THE EVENT THAT THE DEPARTMENT SHALL REVOKE OR SUSPEND ANY SUCH
   50  LICENSE, OR IMPOSE ANY FINE OR REPRIMAND  ON  THE  HOLDER  THEREOF,  ITS
   51  DETERMINATION SHALL BE IN WRITING AND OFFICIALLY SIGNED. THE ORIGINAL OF
   52  SUCH  DETERMINATION, WHEN SO SIGNED, SHALL BE FILED IN THE OFFICE OF THE
   53  DEPARTMENT AND COPIES THEREOF SHALL BE SERVED PERSONALLY  OR  BY  REGIS-
   54  TERED  MAIL  UPON THE LICENSEE ADDRESSED TO THE PRINCIPAL PLACE OF BUSI-
   55  NESS OF SUCH LICENSEE, AND TO THE COMPLAINANT.
   56    S 2. This act shall take effect immediately.