12 CRR-NY 61-1.5NY-CRR
12 CRR-NY 61-1.5
12 CRR-NY 61-1.5
61-1.5 Certification procedures.
(a) Applications.
(1) Submission of forms. Every application for a certificate or for a renewal shall:
(i) be made on forms provided by the commissioner;
(ii) be true and correct, as attested to by the applicant under penalty of perjury as being true and correct; and
(iii) be complete and include such additional information related to evaluating the experience, training and fitness for the specific occupation as required by the commissioner.
(2) Application fee. Unless otherwise provided by this Part, Part 82 of this Title or other applicable regulation or statute, each application shall include a non refundable processing fee of $150.
(3) Investigation. The commissioner may require a personal interview with, and inquire into the background of, applicants to determine their fitness to meet the safe execution of the essential functions of the certified occupation. Depending on the specific certified occupation this inquiry may include investigation into:
(i) mental health history;
(ii) physical health history;
(iii) criminal history;
(iv) employment history; and
(v) training.
(b) Examination.
Depending on the occupational certificate sought, the commissioner may require applicants to successfully demonstrate their knowledge and skill by passing a written examination, a practical examination, or both.
(c) Application determination; denials.
The commissioner shall either grant or deny the completed application. In denying an application the commissioner shall provide written notification of the reason(s) for such denial. An applicant may request an administrative review of the reasons for the denial and a written response will be provided to such applicant but no hearing shall be granted in connection with a denial of an application other than a renewal.
(d) Term and content of certificate.
(1) Term. Unless otherwise provided in law or this Part, each certificate or renewal shall be valid for three years from the date issued, unless suspended or revoked. A term may be extended in a certified occupation by the commissioner for good cause shown.
(2) Content of certificate. Each certificate of competence or renewal thereof shall include the certified individual's name and address, photograph, and brief physical description, and identify the appropriate occupation and classification.
(e) Certificate renewal.
An application for the renewal of a certificate of competence shall be filed with the commissioner not more than six months nor less than three months prior to the expiration date of the certificate sought to be renewed, except that the commissioner may alter such time limitation to prevent unnecessary hardship to any certified individual.
(f) Suspension, revocation, restriction, or refusal to renew, certificates; hearings.
(1) The commissioner, upon notice to the certificate holder and after a hearing, may suspend, revoke, restrict or refuse to renew a certificate upon finding that:
(i) the certificate holder has violated a regulation or law, or failed to comply with an order of the commissioner;
(ii) the certificate holder is not an individual of proper competence, judgment or ability in relation to the certified occupation; or
(iii) for other good cause shown.
(2) Such hearings shall be conducted by two or more members of the examining board for such certified occupation, where a board has been established by the commissioner and where the board has sufficient members available and not subject to conflict to render decision.
(3) For occupations where no examining board has been established, or where fewer than two members are currently serving, such hearing shall be conducted by a hearing officer designated by the commissioner.
(4) Within 30 days of the conclusion of the hearing, the examining board or hearing officer shall make a recommendation to the commissioner. The commissioner shall promptly issue a written notice of decision, containing the reasons thereof, to the certificate holder. A certificate holder may appeal the commissioner's order by commencing a proceeding pursuant to article 78 of the Civil Practice Law and Rules.
12 CRR-NY 61-1.5
Current through March 15, 2022
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