8 CRR-NY 31.6NY-CRR

OFFICIAL COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 8. EDUCATION DEPARTMENT
CHAPTER I. RULES OF THE BOARD OF REGENTS
PART 31. PROCEEDINGS RELATING TO THE UNAUTHORIZED PRACTICE OF THE PROFESSIONS OR THE UNAUTHORIZED USE OF A PROFESSIONAL TITLE
8 CRR-NY 31.6
8 CRR-NY 31.6
31.6 Request for a stay of the cease and desist order.
If the respondent desires a stay of the cease and desist order, he or she shall submit a written application to the professional conduct officer, on a form prescribed by the commissioner, stating the facts and the law upon which such stay should be granted.
(a) A request for a stay of a cease and desist order shall:
(1) be filed together with respondent's request for a hearing on the cease and desist order or, in the event that the hearing process is initiated by a notice of hearing served in accordance with subdivision (3) of section 6516 of the Education Law, at any time prior to the completion of a pending hearing;
(2) clearly state at the top of the first page of the document that respondent requests a stay of the cease and desist order;
(3) contain an address and phone number designated by respondent for receipt of all correspondence and notice related to the request for a stay;
(4) contain the name, address, and phone number of respondent's attorney, if respondent chooses to be represented by an attorney; and
(5) state the factual and legal basis upon which a stay should be granted.
(b) Decision on the request for a stay. The hearing officer may grant a stay of the cease and desist order pending an ultimate determination, if in his or her judgment a stay is necessary, upon consideration of respondent's likelihood of success on the merits, any irreparable harm and a balancing of the equities. The hearing officer shall make such determination within five business days of the request for a stay. The date of the request for a stay is the date on which the professional conduct officer receives the stay request.
8 CRR-NY 31.6
Current through May 15, 2021
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