N.Y. Education Law § 6509-b: Additional definition of professional misconduct; arrears in payment of support; limited application

§ 6509-b. Additional definition of professional misconduct; arrears in

payment of support; limited application. 1. The provisions of this

section shall apply in all cases of licensee or registrant arrears in

payment of child support or combined child and spousal support referred

to the board of regents by a court pursuant to the requirements of

section two hundred forty-four-c of the domestic relations law or

pursuant to section four hundred fifty-eight-b of the family court act.

2. Upon receipt of an order from the court pursuant to one of the

foregoing provisions of law, the board of regents, if it finds such

person to be so licensed or registered, shall within thirty days of

receipt of such order from the court, provide notice to the licensee or

registrant of, and cause the regents review committee to initiate, a

hearing which shall be held at least twenty days and no more than thirty

days after the sending of such notice to the licensee or registrant. The

hearing shall be held solely for the purpose of determining whether

there exists as of the date of the hearing proof that full payment of

all arrears of support established by the order of the court to be due

from the licensee or registrant have been paid. Proof of such payment

shall be a certified check showing full payment of established arrears

or a notice issued by the court or by the support collection unit where

the order is payable to the support collection unit designated by the

appropriate social services district. Such notice shall state that full

payment of all arrears of support established by the order of the court

to be due have been paid. The licensee or registrant shall be given full

opportunity to present such proof of payment at the hearing in person or

by counsel. The only issue to be determined by the regents review

committee as a result of the hearing is whether the arrears have been

paid. No evidence with respect to the appropriateness of the court order

or ability of the respondent party in arrears to comply with such order

shall be received or considered by the committee.

3. Notwithstanding any inconsistent provision of this article or of

any other provision of law to the contrary, the license or registration

of a person subject to the provisions of this title and/or subject to

the provisions of title two-A of article two of the public health law

shall be suspended if, at the hearing provided for by subdivision two of

this section, the licensee or registrant fails to present proof of

payment as required by such subdivision. Such suspension shall not be

lifted unless the court or the support collection unit, where the court

order is payable to the support collection unit designated by the

appropriate social services district, issues notice to the regents

review committee that full payment of all arrears of support established

by the order of the court to be due have been paid.

4. The board of regents shall inform the court of all actions taken

hereunder as required by law.

5. This section applies to support obligations paid pursuant to any

order of child support or child and spousal support issued under

provisions of article three-A or section two hundred thirty-six or two

hundred forty of the domestic relations law, or article four, five or

five-A of the family court act.

6. Notwithstanding any inconsistent provision of this article or of

any other provision of law to the contrary, the provisions of this

section shall apply to the exclusion of any other requirements of this

article and to the exclusion of any other requirement of law to the

contrary.