Introduction of Evidence by an Applicant for Restoration of a Professional License
NY-ADR
12/10/08 N.Y. St. Reg. EDU-36-08-00005-A
NEW YORK STATE REGISTER
VOLUME XXX, ISSUE 50
December 10, 2008
RULE MAKING ACTIVITIES
EDUCATION DEPARTMENT
NOTICE OF ADOPTION
I.D No. EDU-36-08-00005-A
Filing No. 1154
Filing Date. Nov. 24, 2008
Effective Date. Dec. 10, 2008
Introduction of Evidence by an Applicant for Restoration of a Professional License
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Amendment of section 24.7 of Title 8 NYCRR.
Statutory authority:
Education Law, sections 207, 6506(1) and 6511
Subject:
Introduction of evidence by an applicant for restoration of a professional license.
Purpose:
Specify that new evidence may not be included in a response to the Committee on the Professions.
Text of final rule:
Subparagraph (i) of paragraph (2) of subdivision (a) of section 24.7 of the Rules of the Board of Regents is amended, effective December 11, 2008, as follows:
(i) [Materials submitted in] An applicant may submit a response to the Committee on the Professions' recommendation to the Board of Regents, provided that such response shall not contain any new evidentiary material. Any response filed under this subparagraph shall be filed no later than 15 days following the postmarked date of the written notification of the decision or recommendation of the Committee on the Professions.
Final rule as compared with last published rule:
Nonsubstantive changes were made in section 24.7(a)(2)(i).
Text of rule and any required statements and analyses may be obtained from:
Lisa Struffolino, Office of Counsel, New York State Education Department, 89 Washington Avenue, Room 148, Albany, New York 12234, (518) 473-4921, email: [email protected]
Revised Regulatory Impact Statement
Since publication of a Notice of Proposed Rule Making in the State Register on September 3, 2008, the following substantial revisions were made to the proposed rule:
The proposed amendment of section 24.7(a)(2)(i) of the Rules of the Board of Regents has been modified to provide that an applicant’s response to the recommendation of the Committee on the Professions “shall not contain any new evidentiary material,” instead of the originally proposed requirement that the response “does not contain any new evidentiary material.”
The above revision to the proposed rule does not require any revisions to the previously published Regulatory Impact Statement.
Revised Regulatory Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on September 3, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
The above revisions to the proposed rule do not require any revisions to the previously published Regulatory Flexibility Analysis.
Revised Rural Area Flexibility Analysis
Since publication of a Notice of Proposed Rule Making in the State Register on September 3, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
The above revisions to the proposed rule do not require any revisions to the previously published Rural Area Flexibility Analysis.
Revised Job Impact Statement
Since publication of the Notice of Proposed Rule Making in the State Register on September 3, 2008, the proposed rule was revised as set forth in the Revised Regulatory Impact Statement filed herewith.
The above revisions to the proposed rule do not require any revisions to the previously published Job Impact Statement.
Assessment of Public Comment
The agency received no public comment.
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