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This entry was published on 2014-09-22
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SECTION 6514
Criminal proceedings
Education (EDN) CHAPTER 16, TITLE 8, ARTICLE 130*, SUBARTICLE 4
§ 6514. Criminal proceedings. 1. All alleged violations of sections
sixty-five hundred twelve or sixty-five hundred thirteen of this article
shall be reported to the department which shall cause an investigation
to be instituted. All alleged violations of section sixty-five hundred
thirty-one of the education law shall be reported to the department of
health which shall cause an investigation to be instituted. If the
investigation substantiates that violations exist, such violations shall
be reported to the attorney general with a request for prosecution.

2. The attorney general shall prosecute such alleged offenses in the
name of the state, provided, however, in the event of alleged violations
of article one hundred fifty-five of this title, a district attorney may
prosecute such alleged offenses in the name of the state provided,
however, that any district attorney may prosecute such offenses where
they are incidental to a criminal prosecution instituted by him under
other statutes.

3. All criminal courts having jurisdiction over misdemeanors are
hereby empowered to hear, try and determine alleged violations under
this title, which constitute misdemeanors, without indictment and to
impose applicable punishment of fines or imprisonments or both. It shall
be necessary to prove in any prosecution under this title only a single
prohibited act or a single holding out without proving a general course
of conduct.

4. A proceeding before a committee on professional conduct shall not
be deemed to be a criminal proceeding within the meaning of this
section.