§3.3 Board of Regents disciplinary procedures.
The following rules shall apply to disciplinary matters determined pursuant to the provisions of title VIII of the Education Law:
- The respondent shall be given at least 20 days' notice of the time and place of the meeting of the Regents review committee.
- The respondent shall have 12 days to file an original and 10 copies of a brief with the director of the Office of Professional Discipline. The State Education Department or the Department of Health may submit an answering brief, with a copy to respondent, at least one day prior to the scheduled date for review.
- The time to be allotted to counsel for presentation of their arguments shall be determined by the Regents review committee.
- After the meeting of the Regents review committee, it shall transmit a written report of its review to the Board of Regents. The report shall be signed by the chairperson or by a majority of the members of the Regents review committee which reviewed the matter.
- The commissioner or his or her designee shall execute all orders in connection with disciplinary proceedings, as directed by the Board of Regents. An order shall be effective as of the date of the personal service of the order upon the respondent or five days after mailing by certified mail to the last known address.
- An application for reconsideration of a determination of the Board of Regents in disciplinary proceedings may be made, in writing, at any time subsequent to the service of the order of the commissioner or his or her designee in accordance with such determination. The making of such an application shall not effect a stay of the determination sought to be reconsidered. No such application will be granted in the absence of a showing that the determination was based on an error of law, or that there is new and material evidence which was not previously available, or that circumstances have occurred subsequent to the original determination which warrant a reconsideration of the measure of discipline. The original and nine copies of each such application and all supporting papers shall be submitted to the director of the Office of Professional Discipline, who, in the exercise of discretion, shall determine whether the application warrants referral to the Board of Regents for its determination based upon any of the grounds set forth by the applicant as the basis for the application. If such referral is warranted, the director shall deliver one copy to the attorney assigned to the case, and shall refer the application to a Regents review committee or, if the determination of the Board of Regents was made pursuant to the provisions of article II-A of the Public Health Law to the Commissioner of Health. The Commissioner of Health may submit a recommendation to the Regents review committee. Oral argument on applications submitted to a Regents review committee will not be permitted, unless requested by such committee, but the respondent may submit affidavits and a brief, and the State Education Department or the Department of Health may submit answering affidavits and a brief within 20 days after receipt of the application. The Regents review committee shall submit a written report of its recommendation to the Board of Regents, which shall make the final determination on all such applications.