§ 6509-B — Additional definition of professional misconduct; arrears in payment of support; limited application

New York § 6509-B

• Jurisdiction: New York
• Law EDN: Education
• Title 8: The Professions
• Art. 130*: General Provisions

Text

§ 6509-b. Additional definition of professional misconduct; arrears in\npayment of support; limited application. 1. The provisions of this\nsection shall apply in all cases of licensee or registrant arrears in\npayment of child support or combined child and spousal support referred\nto the board of regents by a court pursuant to the requirements of\nsection two hundred forty-four-c of the domestic relations law or\npursuant to section four hundred fifty-eight-b of the family court act.\n 2. Upon receipt of an order from the court pursuant to one of the\nforegoing provisions of law, the board of regents, if it finds such\nperson to be so licensed or registered, shall within thirty days of\nreceipt of such order from the court, provide notice to the licensee or\nregistrant of, and cause the regents review committee to initiate, a\nhearing which shall be held at least twenty days and no more than thirty\ndays after the sending of such notice to the licensee or registrant. The\nhearing shall be held solely for the purpose of determining whether\nthere exists as of the date of the hearing proof that full payment of\nall arrears of support established by the order of the court to be due\nfrom the licensee or registrant have been paid. Proof of such payment\nshall be a certified check showing full payment of established arrears\nor a notice issued by the court or by the support collection unit where\nthe order is payable to the support collection unit designated by the\nappropriate social services district. Such notice shall state that full\npayment of all arrears of support established by the order of the court\nto be due have been paid. The licensee or registrant shall be given full\nopportunity to present such proof of payment at the hearing in person or\nby counsel. The only issue to be determined by the regents review\ncommittee as a result of the hearing is whether the arrears have been\npaid. No evidence with respect to the appropriateness of the court order\nor ability of the respondent party in arrears to comply with such order\nshall be received or considered by the committee.\n 3. Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, the license or registration\nof a person subject to the provisions of this title and/or subject to\nthe provisions of title two-A of article two of the public health law\nshall be suspended if, at the hearing provided for by subdivision two of\nthis section, the licensee or registrant fails to present proof of\npayment as required by such subdivision. Such suspension shall not be\nlifted unless the court or the support collection unit, where the court\norder is payable to the support collection unit designated by the\nappropriate social services district, issues notice to the regents\nreview committee that full payment of all arrears of support established\nby the order of the court to be due have been paid.\n 4. The board of regents shall inform the court of all actions taken\nhereunder as required by law.\n 5. This section applies to support obligations paid pursuant to any\norder of child support or child and spousal support issued under\nprovisions of article three-A or section two hundred thirty-six or two\nhundred forty of the domestic relations law, or article four, five or\nfive-A of the family court act.\n 6. Notwithstanding any inconsistent provision of this article or of\nany other provision of law to the contrary, the provisions of this\nsection shall apply to the exclusion of any other requirements of this\narticle and to the exclusion of any other requirement of law to the\ncontrary.\n