Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6509-B
Additional definition of professional misconduct; arrears in payment of support; limited application
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 130*, SUBARTICLE 3
§ 6509-b. Additional definition of professional misconduct; arrears in
payment of support; limited application. 1. The provisions of this
section shall apply in all cases of licensee or registrant arrears in
payment of child support or combined child and spousal support referred
to the board of regents by a court pursuant to the requirements of
section two hundred forty-four-c of the domestic relations law or
pursuant to section four hundred fifty-eight-b of the family court act.

2. Upon receipt of an order from the court pursuant to one of the
foregoing provisions of law, the board of regents, if it finds such
person to be so licensed or registered, shall within thirty days of
receipt of such order from the court, provide notice to the licensee or
registrant of, and cause the regents review committee to initiate, a
hearing which shall be held at least twenty days and no more than thirty
days after the sending of such notice to the licensee or registrant. The
hearing shall be held solely for the purpose of determining whether
there exists as of the date of the hearing proof that full payment of
all arrears of support established by the order of the court to be due
from the licensee or registrant have been paid. Proof of such payment
shall be a certified check showing full payment of established arrears
or a notice issued by the court or by the support collection unit where
the order is payable to the support collection unit designated by the
appropriate social services district. Such notice shall state that full
payment of all arrears of support established by the order of the court
to be due have been paid. The licensee or registrant shall be given full
opportunity to present such proof of payment at the hearing in person or
by counsel. The only issue to be determined by the regents review
committee as a result of the hearing is whether the arrears have been
paid. No evidence with respect to the appropriateness of the court order
or ability of the respondent party in arrears to comply with such order
shall be received or considered by the committee.

3. Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the license or registration
of a person subject to the provisions of this title and/or subject to
the provisions of title two-A of article two of the public health law
shall be suspended if, at the hearing provided for by subdivision two of
this section, the licensee or registrant fails to present proof of
payment as required by such subdivision. Such suspension shall not be
lifted unless the court or the support collection unit, where the court
order is payable to the support collection unit designated by the
appropriate social services district, issues notice to the regents
review committee that full payment of all arrears of support established
by the order of the court to be due have been paid.

4. The board of regents shall inform the court of all actions taken
hereunder as required by law.

5. This section applies to support obligations paid pursuant to any
order of child support or child and spousal support issued under
provisions of article three-A or section two hundred thirty-six or two
hundred forty of the domestic relations law, or article four, five or
five-A of the family court act.

6. Notwithstanding any inconsistent provision of this article or of
any other provision of law to the contrary, the provisions of this
section shall apply to the exclusion of any other requirements of this
article and to the exclusion of any other requirement of law to the
contrary.